Article 1 – Application Field
The Sales conditions shall apply, without any restriction to all purchase of full cooking menus tutorials realized by a chef (ingredients, recipes, technical realizations, chef tips, presentation…) as part of the cooking programs (“the services”) offered by EURL EVENTS (the provider) to the consumers and the non-professional customers (The customers or the customer) on its website www.cuisine-et-audace.com .
The Services main features are presented on the website www.cuisine-et-audace.com. The customer has to be aware of those features before any order. Only the customer may be held responsible regarding the choice and the purchase of a service. The provider details are:
EURL EVENTS Château de Lerse 16250 PERIGNAC
These conditions may apply instead of all any other conditions, specially conditions involved with other circuits of Services sale.
These General Conditions of sale are open at any time on the website, and shall prevail on any other version or contradictory documents.
Unless a proof attesting otherwise, the data saved into the provider’s computer system is a representation of all the transactions carried out with the Customer.
In accordance with the Data processing and Liberty law from January the 6th 1978, reinforced and strengthened by the GRDP (General Ruling about Data Protection) which came into effect on May the 25th 2018, the Customer can be granted at any time with a right of access, withdrawal, adjustment, opposition and erasure of all the personal information by writing a letter and by proving his identity to EURL EVENTS – Château de Lerse – 16250 – PERIGNAC
The Customer asserts to have read these General Conditions of Sale and to have accepted them by clicking on the corresponding box before any order placed online as well as the general conditions of use on the website www.cuisine-et-audace.com
Unless a proof attesting otherwise, the data processed by EURL EVENTS represent a proof of all the transactions carried out between EURL EVENTS and the Customer on the website www.cuisine-et-audace.com.
The approval of the Services order by the Customer represents an agreement without neither restriction nor disagreement of these General Conditions of Sale.
The Customer acknowledges having the ability to contract and obtain the Services offered on the website www.cuisine-et-audace.com.
These General Conditions of Sale may undergo some modifications later on, The current version available on the website at the time of the order from the Customer is the version that he may refer to.
These General Conditions of Sale will remain active until the publication of new General Conditions of Sale directly on the website.
ARTICLE 2 – Orders
The Customer choses on the website the Services he would like to purchase according to the following terms : creation of an account, identification, selection of one or several menus according to the different options offered, confirmation of the order inside the basket, payment of the order according to the different payment methods, once the payment is received the account will be active and the order will be shipped.
The contractual information are in French and are confirmed when the order is placed by the Customer at the latest.
About the orders exclusively placed online, the registration of an order on the provider’s website is confirmed when the Customer accepts these General Conditions of Sale by clicking on the corresponding box.
The Customer has the possibility to check his order details, the total price and to correct any mistake before giving his approval (article 1127-2 of the Civil Code).
This approval implies the agreement about these General Conditions of Sale and can be used as a proof of the sales contract.
It is the responsibility of the Customer to verify the accuracy of the order and to point out any mistake through the contact form.
The Services sale will not be considered as completed until after the confirmation and the agreement from the Provider to the Customer by mail and after the total fare is collected.
Any order placed on the website www.cuisine-et-audace.com represents the creation of a contract between the Customer and the Provider.
EURL EVENTS reserves the right to cancel or refuse any order from a Customer who may be involved in a dispute regarding a previous payment.
ARTICLE 3 – Prices
The Services offered by the Provider are priced according to the exchange rate on the website www.cuisine-et-audace.com at the moment of the order confirmation by the Provider.
The prices are presented in euros and including taxes. The prices are updated regarding potential discounts which would be offered by the Provider according to the conditions expressed on the website www.cuisine-et-audace.com.
These prices are to remain firm and fixed during their validity period as mentioned on the website www.cuisine-et-audace.com. The Provider maintains the right, out of this validity period, to modify the prices at any time.
The payment requested to the Customer corresponds to the entire amount of the purchase, taxes included.
An invoice is made by the Provider and handed to the Customer upon arrival of the Services ordered.
The Services offered by the Provider are priced according to the exchange rate on the day of the order confirmation as presented to the Customer at the moment of the order.
The price indicated on the order confirmation by the Provider is the final price.
ARTICLE 4 – Payment Conditions
The price is paid cash, in full on the day of the order by the Customer, according to the terms specified in the section “Orders” above, through secure payment – by credit cards (Visa, Mastercard, American Express, Discover, Diner’s Club, JCB, PayPal).
The payment data are processed in an encrypted mode thanks to the SSL protocol.
The Provider will not be held to provide the Services ordered by the Customer if the price has not been paid in full prior to the confirmation under the terms expressed above.
The payments made by the Customer will not be considered as final until after the Provider collected the amounts owed.
The payments made by the Customer will not be considered as final until after the Provider collected the amounts owed.
The Provider maintains the right, in case the payments conditions mentioned above are not respected, to suspend or cancel the providing of the requested Services ordered by the Customer and/or to postpone the executions of his obligations.
No additional charge, superior to the cost supported by the Provider regarding the use of a payment method can be invoiced to the Customer.
ARTICLE 5 – Services Provision
The Services ordered by the Customer, which include the provision of the purchase services of the full cooking menus tutorials realized by a chef (ingredients, recipes, technical realizations, chef tips, arrangement, …) as a part of the cooking programs with which will be provided the following : straight after the final approval of the Customer’s order after the payment made in accordance with the General Conditions of Sale, at the address mentioned by the Customer at the moment of his order online at www.cuisine-et-audace.com.
The Provider commits to make everything in his power in order to provide the Services ordered by the Customer, as part of an obligation of means and within the time frame mentioned above.
If the Services ordered have not been provided in a maximum of fifteen (15) days after the date mentioned above, for any other cause than force majeure or the Customer’s implication, the sale will be able to be resolved with a written claim from the Customer under the conditions specified in the articles L 216-2, L216-3 and L241-4 of the Consumption Code.
The amounts paid by the Customer will be reimbursed in a maximum of fourteen days without any compensation or withholding.
The Provider’s details are :
- Name – Title: EURL EVENTS,
- Social Form: EURL,
- Share Capital: 1.000 euros,
- Head Office: Château de Lerse 16250 PERIGNAC,
- Registration Number: 838 160 745 RCS ANGOULEME.
Without any complaint expressed by the Customer at the moment of the reception of the Services, the Services are considered compliant with the order both in quantity and quality.
The Customer will have a 8 days period starting the day he shall receive the Services to file written complaints or reclamations with all the documentary proofs in regard to the problem to the Provider.
No reclamation will be received in case of a non-respect of the methods and time-limit by the Customer.
The Provider will reimburse or modify the Service (as far as possible) in the shortest time and at his expense under the corresponding terms and agreed by the Customer, the Services from which the faulty aspect would have been underlined by the Customer.
ARTICLE 6 – Right of Withdrawal
The Customer agrees to abandon his right of withdrawal with the provided services considered, in accordance with the article L.121-21-8 of the Consumption Code.
The contract is concluded at the moment of the order by the Customer in accordance with the methods specified with the General Conditions of Sale.
ARTICLE 7 – Provider Responsibility – Warranty
The Provider ensures, in accordance with all the legal dispositions and without any additional charge, the Customer against any faulty service coming from whether the conception or the realization of the services ordered under the terms and conditions of the General Conditions of Sale.
In order to assert his rights, the Customer shall inform the Provider in writing about the existence of any faulty products in a maximum of eight (8) days starting at the moment of the provision of the Services.
The Provider shall reimburse, correct, or get corrected (as far as possible) the services spotted as faulty in the shortest amount of time and in a maximum of fifteen (15) days starting when the Provider confirms the product is faulty. The reimbursement will be effective by crediting the Customer’s bank account or by cheque addressed to the Customer.
The warranty of the Provider is limited to the reimbursement of the Services paid by the Customer and the Provider shall not be considered neither responsible nor defective for any delay or non-execution after an occurrence of a situation of force majeure recognized by the French jurisprudence.
The Services provided via the website www.cuisine-et-audace.com of the Provider are under French regulations. The Provider shall not be responsible in case of a non-respect of the regulations from the country in which the Services are provided, and it’s the responsibility of the Customer, who is the only one responsible of the choice of the Services ordered, to verify.
ARTICLE 8 – Database and Privacy
Under the law 78-17 of January the 6th 1978 and modified by the law number 2018-493 from June the 20th 2018, it is reminded the information asked to the Customer are necessary to the confirmation of his order and to the creation of the invoices, in particular.
These several pieces of information may be communicated to potential partners of the Provider in charge of the execution, the treatment, the management and the payment of the orders.
The treatment of the information communicated by the end of the website www.cuisine-et-audace.com is in accordance with the regulations regarding the protection of the personal data, the information system which has been the subject of a statement to the CNIL, ensures a total protection of these details.
The Customer has, thanks to the current European and national regulations, a permanent right to access, to modify, to correct and to object his personal information.
The right of withdrawal can be exercised online, through the retraction form available on the website www.cuisine-et-audace.com, after what an acknowledgement of receipt on a sustainable support will be immediately address to the Customer by the Provider, or of any other declaration, without ambiguities, expressing the will to retract.
When browsing the website www.cuisine-et-audace.com, cookies are active and they are used to save browsing information on the website (date and time of the visit, page visited, date and time of the click, place of the click …).
These several pieces of information allow the Provider to personalize his website and to facilitate the access to the different sections.
The Provider reserves the right to treat the Customer’s personal information in order to personalize the advertising content, to make some promotional offers or to inform the Customer about new offers directly on the website www.cuisine-et-audace.com or through e-mails communications.
The Provider has the right to use the Customer’s IP address in cooperation with his internet provider in order to identify him, if he judges it is necessary to uphold his using conditions or to protect his services, customers or if requested by the legal authorities.
ARTICLE 9 – Intellectual Property
The content of the website www.cuisine-et-audace.com, and in particular the full cooking menus tutorials realized by a chef (ingredients, recipes, technical realizations, chef tips, arrangement, …) as a part of the cooking programs, the name of the sector and the brand are properties of the Provider and his partners, they are protected by the international and French regulations about intellectual property ( literary and artistic property (copyright) ; industrial property (brands and names of sector law)).
Any complete or partial reproduction of this content on any other support, on the social media is strictly forbidden and may represent a counterfeiting offence.
Besides, the Provider remains the owner of every right of intellectual property on photographs, presentations, studies, drawings, music, videos, etc…, realized in order to provide the Services to the Customer.
The Customer forbids himself from reproducing or exploiting the mentioned photographs, presentations, studies, drawings, music, videos, etc … without the explicit written authorization of the Provider who may condition its use to a financial counterpart.
ARTICLE 10 — Unpredictability
Those General Conditions of Sale explicitly exclude the regulation about unpredictability as referred to in the article 1195 of the Civil Code for any operations of Services from the Provider to the Customer.
The Provider and the Customer both waive to prevail over the dispositions of the article 1195 of the Civil Code and of the unpredictability regime which is mentioned. They commit to assume their obligations even if the contractual balance is upset by unpredictable circumstances at the time of the sale, although their execution will prove themselves to be extremely expensive and to support any economical or financial outcomes.
However, if the change of unpredictable circumstances at the time of the contract was definitive or would last in time over six (6) months, those would simply be resolved.
ARTICLE 11 – Execution forced in nature
By derogation to the dispositions of the article 1221 of the Civil Code, the parts agree that in case of breaches by one of its contractual obligations to another, the victim of the failure will not be able to ask its forced execution.
The victim of the failure will be able, in case of non-compliance of one of the obligations destined to the other party, to ask for the resolution of the contract.
ARTICLE 12 – Non-compliance Exception
It is reminded that in application with the article 1219 of the Civil Code , each party may refuse to execute its obligation, even though it is due, if the other party does not execute its and if this non-compliance is serious enough, which means, that could question the validity of the contract or that could seriously upset its economical balance.
The execution suspension will be effective immediately, upon reception by the defaulting party of the failure notification which would have been addressed to this extent by the victim of the failure indicating to use the non-compliance exception as long as the defaulting party will not have fixed the underlined failure, made clear by a letter with acknowledgement of receipt or by any other sustainable written support representing a proof of the mailing.
This non-compliance exception may as well be used in a preventive way, in accordance with the dispositions of the article 1220 of the Civil Code, if it is obvious that one of the parties will not fulfill its part of the contract and that the consequences of this non-compliance are serious enough concerning the victim party.
This faculty is used at the own risks of the party which initiate it.
The execution suspension will be effective immediately after receipt by the party considered defaulting of the notification attesting of the intention to activate the preventive non-compliance exception until the party considered defaulting executes the obligation from which a failure to come is obvious, made clear by a letter with acknowledgement of receipt or by any other sustainable written support representing a proof of the mailing.
However, if the incapacity would turn to be definitive or would last more than one (1) month, those would simply be resolved in accordance with the terms defined in the article Resolution for any failure of one party to its obligations.
ARTICLE 13 – Force Majeure
The Parties will not be held responsible if the non-compliance or the execution delay about any of their obligations, as described in those conditions result in an example of force majeure, as part of the article 1218 of the Civil Code.
According to the explicit agreement, what can be referred as a situation of force majeure would be a computer failure (equipment, internet provider) of more than forty-eight (48) hours duly justified.
The Party noting the event shall inform immediately the other party about its impossibility to execute its prestation and shall justify itself to the other party.
The suspension of the obligations can never be neither a cause of responsibility regarding the non-execution of an obligation in cause, nor lead to the payment of damages or penalties of delay.
The execution of the obligations suspended during the whole force majeure time if it is temporary.
Thus, as soon as the cause of the suspension of their mutual obligations disappears, the Parties will do everything they can to get back as soon as possible on the execution of their contractual obligations.
In this occasion, the prevented Party will notice the other one of the recovery of its obligation through a letter with acknowledgement of receipt or any extra-judiciary action.
If the impediment is definitive or lasts longer than one (1) month, those conditions will simply be resolved in accordance with the terms of the article « Resolution for force majeure ».
ARTICLE 14 – Resolution of the contract 14-1 – Resolution for non-compliance of a serious obligation
The victim of the fault may, notwithstanding the Resolution section for the failure of one party to fulfill its obligations, in case of a serious enough non-compliance from one party to its obligations deferring to the other party, notify by formal notice the defaulting party the faulty resolution of those, eight (8) days after a formal notice has been sent and didn’t get any result, as part of the terms of the article 1224of the Civil Code.
14-2 – Resolution in case of force majeure
The full right resolution in case of force majeure, can only, notwithstanding the Resolution clause for the failure of one party to fulfill its obligations, take place the day after the receipt of a formal notice notified by a letter with an acknowledgement of receipt or any extra-judiciary action.
However, the formal notice must specify the intention to apply this clause.
14-3 – Resolution for the failure of one party to fulfill its obligations
In case of non-respect from one party or the other regarding the execution the following obligations:
- The non-payment at the end of the Services ordered by the Customers, according to the articles 3 and 4 of these General Conditions of Sale,
- The non-provision of the Services ordered by the Customers according to the article 5 of these General Conditions of Sale ,
- The non-respect of these General Conditions of Sale.
The contract may be resolved as the victim party wants under the conditions of these General Conditions of Sale.
It is expressly requested that this resolution for the failure of one party to fulfill its obligations will be fully active eight (8) days after the mailing of a formal notice which didn’t get, partially or fully, any result. The formal notice may be notified by a letter with acknowledgement of receipt or any other extra-judiciary action.
This formal notice shall mention the intention to apply this clause.
14-4 – Common provisions in case of a resolution
It is expressly settled between each party that the debtor of an obligation to pay according to the terms of this convention, will be validly under formal notice by the sole payability of the obligation, in accordance with the article 1344 of the Civil Code.
The services exchanged between parties since the creation of the contract and until its termination having found their use over the period of its mutual execution, there will not be any restitution for the period before the last service which wouldn’t have received its counterpart.
Either way, the victim party may file a claim in justice to demand damages.
ARTICLE 15 – Applicable Law – Language
These General Conditions of Sale and the operations that result are placed under the French regulations.
These General Conditions of Sale are written in the French language. If they are translated into one or more other languages, the French version shall be the only authoritative text in the event of a dispute.
ARTICLE 16 – Disputes
Every potential dispute created by the purchase operations or the sales made in application of the General Conditions of Sale, equally concerning their validity, interpretation, execution, cancellation, consequences and their outcomes which may not have been resolved between the provider and the customer will be placed under the authority of the competent courts under the conditions of common laws.
The Customer is informed that he may on any occasion file a conventional mediation, in particular with the Consumption and Mediation Commission (C. conso. art. L 612-1) or with the present sectorial mediation jurisdictions, and which references appear on the website http://www.mediation-conso.fr or through any other alternative settling methods (conciliation for example) in case of a contestation.
The customer witnessing a violation of the conditions on the protection of the personal information, may call an association or an organism mentioned under the IV of the article 43 ter of the 1978 Computing and Freedom law, in order to obtain compensation from the responsible person of the treatment or the subcontractor in front of a civil or administrative jurisdiction or in front of the Computing and Freedom National Commission.
ARTICLE 17 – Pre-contractual Information – Customer Agreement
The Customer acknowledges to have been informed prior to the transaction and at the moment of the contract, in a understandable and legible way, of these General Conditions of Sale and of all the listed information in the article L.221-5 of the Consumption Code, and in particular of the following information :
- The essential features of the Services, in view of the medium or means of the communication employed and the concerned Services ;
- The essential features of the Services, in view of the medium or means of the communication employed and the concerned Services ;
- The price of the Services and of the additional expenses (delivery for example);
- In the case in which the contract cannot be executed immediately, the date or the time limit in which the Provider commits to deliver the ordered Services ;
- The information concerning the identity of the Provider, his mailing address, his phone number and his electronic data details, and information concerning his activities, if they are not out of the context,
- The information concerning the legal and contractual warranties and their application methods;
- The features of the digital content and, if applicable, of its interoperability ;
- The possibility to file a claim for a conventional mediation in case of a dispute;
- The information concerning the right of withdrawal (existence, conditions, time limit, terms relating to
- the exercise of this right and the usual withdrawal form), the terms of termination and the other important contractual conditions.
- The accepted means of payment.
Ordering on the website www.cuisine-et-audace.com implies, for a natural or legal person, full adherence and acceptance of the General Conditions of Sale and the obligation to pay for the ordered Services, which is expressly recognized by the Customer, who abandons, in particular, the opportunity to prevail upon any contradictory document, which would be non-invocable against the Provider.