1 - DEFINITIONS
1.1 These General Terms and Conditions of Sale (hereinafter ''GCS'') are offered by the company VOILA CHEF (hereinafter ''The Company''), SAS with a capital of 2,000 euros, whose registered office is located at 10 rue Mandar, 75002 Paris, France and is registered in the Paris Trade and Companies Register under number 890 489 099, represented by Sophie Dubost, in her capacity as CEO. The term “Site” refers indistinctly to the www.voilachef.com website and/or the Voila Chef mobile application (app.voilachef.com).
1.2 The Site offers the Customer (hereinafter the "Customer") exclusive master classes of great French chefs in a video format (hereinafter the "Services'').
1.3 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 GCS
2.1 The purpose of these GCS 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 the “Order”) for Services placed on the Site by the Customer.
2.2. The Customer declares that he/she has read and accepted these GCS before placing his/her Order.
2.3. Validation of the Order therefore implies acceptance without restriction or reservation of these GCS. As these are regularly updated, the applicable GCS are those enforced on the Site at the date the Order is placed.
2.4. In the absence of express acceptance by the Customer, any condition to the contrary shall 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 avail itself at a given time of any provision of these GCS shall not be construed as a waiver of the right to avail itself at a later date of any provision of the said GCS.
3 - ORDERING SERVICES ON THE SITEThe Company reserves the right to correct the content of the Site at any given time.
3.1. The Customer selects the Service(s) he/she wishes to purchase, and may access the Order summary at any time.
3.2. The Order summary lists the Service(s) selected by the Customer, and includes any additional charges, such as the price of delivery, which are added to the price of the Service(s) in the Order. The Customer may modify the Order and correct any errors before validating it.
3.3. After accessing the Order summary, the Customer confirms acceptance of the Order by ticking the box validating the General Terms and Conditions of Sale, and then clicking on the Order validation icon. The words “order with payment obligation” or a similar unambiguous wording appear next to the Order validation icon to ensure that the Customer explicitly acknowledges his/her obligation to pay for the Order.
3.4. After acceptance of the GCS and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and irrevocably binds them.
3.5. In order to proceed with payment, once the Order has been validated, the Customer enters the contact details at which he/she wishes to receive the Service(s), and billing details if different. The process for receiving the Service(s) is described in article 5 of these GCS.
3.6. The Company will then send the Customer an order confirmation by email, including the elements of the Order summary as well as the delivery and, where applicable, billing details provided by the Customer.
3.7. Once the Customer has validated his/her delivery information and, where applicable, billing information, he/she will proceed with the payment of his/her Order in accordance with the terms and conditions specified below.
4 - ORDER PRICES AND PAYMENT TERMS
4.1. Prices are mentioned on the Site in the descriptions of the Services, in euros and inclusive of all taxes.
4.2. The total amount is indicated in the Order summary, before the Customer validates his/her Order, fills in and confirms its delivery and, where applicable, billing details, and proceeds to payment. This total amount includes all taxes.
4.3. Orders for Services on the Site are payable in euros. Payment in full must be made on the day of the Order by the Customer, by credit card or bank transfer (SEPA direct debit), unless special conditions of sale are expressly accepted by the Customer and the Company. 4.4 In the case of payment by bank card and direct debit, 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 credit card transaction between the customer and the secure system is therefore fully encrypted and protected. The customer's bank details are not stored electronically 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 Customer guarantees the Company that he/she has the necessary authorizations 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 Customer 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 upon validation of his/her Order.
5.2. The Customer must ensure that the information communicated when placing his/her Order is correct.
6 - CANCELLATION OF SERVICES By VOILA CHEF:
We may suspend or terminate your user account and your right to use the Site: Upon five (5) days prior written notice was given for any violation of these Terms. Immediately and without notice in the event of a serious breach of these Terms. By the User: You may terminate our relationship at any time by deleting your account. Please note that deleting the VOILA CHEF mobile application from the Apple or Google app store will not delete your account. Cancellation (for whatever reason) will result in the removal of your access to the Site and Services at the end of the current subscription period.
7 - CUSTOMER SERVICE
7.1. For any request for information, clarification or for any claim, the Customer must contact, as a priority, the Company's customer service department, in order to enable the latter to attempt to find a solution to the problem.
7.2. The Company's customer service can be reached using the following contact details: - e-mail: contact@voilachef.com - postal mail: 10 rue Mandar, 75002 Paris, France
8 - CUSTOMER OBLIGATIONS
8.1. The Customer undertakes to comply with the terms of these GSC.
8.2. The Customer undertakes to use the Site and Services in accordance with the Company's instructions.
8.3. The Customer agrees that it will only use the Site for its own personal use, in accordance with these GSC. In this respect, the Customer agrees to refrain from:
- Using the Site in any illegal manner, for any illegal purpose or in any manner inconsistent with these GSC;
- Selling, copying, reproducing, renting, lending, distributing, transferring or licensing all or part of the contents of the Site, or decompiling, reverse engineering, disassembling, modifying, displaying in customer-readable form, attempting to discover any source code or using any software that enables or comprises all or part of the Site;
- Attempting to gain unauthorized access to the Site's computer system or engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;
- Using the Site for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site;
- Infringing on the Company's intellectual property rights;
- Defaming the Site and the Services.
8.4. If, for any reason whatsoever, the Company considers that the Customer is in breach of these GSC, the Company may at any time, and at its sole discretion, remove the Customer's access to the Site and take any measures including any civil and criminal legal action against the Customer.
9 - RIGHT OF WITHDRAWAL
9.1. In accordance with Articles L.221-18 et seq. of the French Consumer Code, the consumer Customer has a period of fourteen (14) days from the validation of his/her Order on the Site to exercise his/her right of withdrawal from the Company, without having to justify his reasons or pay any penalty. All products and 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/her right of withdrawal;
2° For the supply of digital content not provided on a tangible medium, which implementation began after the consumer's express prior agreement and express waiver of his/her right of withdrawal.
9.2. To exercise his/her right to withdraw from the Order, the Customer must notify his/her decision to withdraw by means of the withdrawal form proposed in the appendix hereto or by means of an unambiguous statement, without giving reasons. The Customer may communicate his/her decision to withdraw to the Company by any means, in particular by sending it by post to the Company at the following address: 10 rue Mandar, 75002 Paris, France, or by e-mail to contact@voilachef.com.
9.3. In the event of notification to the Company by the Customer of his/her decision to withdraw, regardless of the means used, the Company will promptly send the Customer an acknowledgement of receipt of the withdrawal on a durable medium (in particular by e-mail).
9.4. In the event of withdrawal by the Customer, reimbursement of the Service(s) which has/have been 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 Customer expressly agrees to a different means. In any event, this refund will not incur any costs for the Customer. Refunds will be made as soon as possible, and no later than fourteen (14) days from the date on which the Company is informed of the Customer's decision to withdraw from the Order. In the event of use of the Services within the withdrawal period, the Customer is deemed to have expressly waived his/her right of withdrawal.
10 - LIABILITY
10.1. The Company shall take all appropriate measures to ensure that the Customer is provided with quality Service(s) under optimum conditions. However, the Company shall in no event 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 Customer, to the act of a third party, or to a case of force majeure. More generally, if the Company were to be held liable, it could not under any circumstances agree to compensate the Customer for indirect damages (including actual or anticipated loss of profit, loss of earnings, loss of revenue, loss of business, loss of clientele, loss of opportunity, loss of data, loss of reputation) or direct damages whose existence and/or quantum would not be established by evidence.
10.2. The company shall not be held liable for damage caused by misuse of one of its services or by failure to observe precautions for use and conditions of hygiene, storage and safety when using one of its products/Services. In particular, the Customer is solely responsible for implementing the appropriate hygiene, storage and food safety measures linked to the production and consumption of recipes, even if they are not included in the videos or on the Site.
10.3 In no event shall the Company's liability for direct damages exceed the sums invoiced to the customer in the six (6) months preceding the event giving rise to liability.
10.4. The Site may contain links to other sites not edited or controlled by the Company, which may not be held responsible for the operation, content or any element present on or obtained via these sites.
10.5. The establishment of such links or the reference to any information, articles or services provided by a third party, cannot and must not be interpreted as an express or tacit endorsement, by the Company, of these sites as well as their elements and contents.
10.6. The Company is not responsible for the availability of these sites and cannot control their content nor validate the advertising, service(s) and other information disseminated on these websites.
10.7. It is expressly stipulated that the Company may not be held liable in any way whatsoever in the event that the Customer's computer or electronic mailbox rejects, for example due to an anti-spam software, e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the Order summary of the Order or the dispatch follow-up e-mail.
10.8. The Customer is fully aware of the provisions of the present article and in particular the aforementioned warranties and limitations of liability without which the Company would never have contracted.
11 - SAFETY
The Customer undertakes not to undermine the security of the Site. To this end, it undertakes not to carry out any fraudulent access and/or maintenance in the Company's information system. Nor may the Customer damage or hinder the Company's information system. Should he fail to do so, the Company may take any measures against him, and in particular incur criminal liability under articles 323-1 et seq. of the French Penal Code.
12 - INTELLECTUAL PROPERTY AND PERSONAL DATA
12.1. All elements of the Site and the Site itself, are protected by copyright, trademark law, designs and models and / or all other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved worldwide.
12.2. The name and trademark logos, designs and models, stylized letters, figurative marks, and all signs represented on the Site are and will remain the exclusive property of the Company.
12.3 No title or right whatsoever in any element or software shall be obtained by downloading or copying elements of the Site. The Customer is expressly prohibited from reproducing (other than for its own personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to, modifying or performing any work based on the Site and the elements and software contained therein, nor from selling or participating in any sale in connection with the Site, the Site elements or any related software.
12.4. The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and may not under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
12.5 Any use by the Customer of the corporate names, trademarks and distinctive signs belonging to the Company is strictly prohibited without the Company's express prior consent.
12.6 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 GDPR regulations, to respect your privacy and protect your personal data. For more information, you can consult our Privacy Policy.
13 - NEWSLETTER
13.1. By checking the box provided for this purpose or by expressly giving his agreement to this end, the Customer agrees that the Company may send him/her, at a frequency and in a form determined by it, a newsletter (information letter) that may contain information relating to its activity.
13.2. When the Customer ticks the box provided for this purpose in the Site registration process to place the Order, he/she agrees to receive commercial offers from the Company for Services similar to those ordered.
13.3. Customers will have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
14. NO WARRANTY DISCLAIMER
We do not guarantee the absence of interruptions or errors in access to the Site or its contents, nor that it will always be updated. However, we will, provided there are no causes that make its execution impossible or difficult, and as soon as we become aware of errors, disconnections or failure to update content, make every effort to correct errors, restore communication and update content.
The VOILA CHEF Services and the content of the Site are provided “as is”. To the fullest extent permissible by law, VOILA CHEF makes no warranties, express or implied, and hereby disclaims and negates all warranties, including, without limitation, implied warranties or conditions of merchantability, or fitness for a particular purpose.
Most importantly, VOILA CHEF does not guarantee the success or achievement of any particular professional or amateur goals. VOILA CHEF does not guarantee that the content offered is adapted to a user's specific needs.
15 - APPLICABLE LAW AND JURISDICTION
15.1. These CGS shall be governed by and construed in accordance with French law, without regard to principles of conflict of laws.
15.2. In the event of any dispute likely to arise in connection with the interpretation and/or performance of these CGS or in relation to these CGS, the Consumer Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.
15.3. In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, the Company is a member of the Médiation Solution e-commerce ombudsman service, whose contact details are as follows: 222 Chemin de la Bergerie, 01800 Saint-Jean-de-Niost, France - https://sasmediationsolution-conso.fr/. You can use the mediation service for consumer disputes relating to an order placed on the Internet. To find out how to contact the Mediator: https://sasmediationsolution-conso.fr/processus-mediation/saisir-le-mediateur.
15.4 Finally, we remind you that mediation is not compulsory, but is only offered as a means of resolving disputes by avoiding recourse to the courts.
15.5. The Customer may also visit the European platform for the settlement of consumer disputes set up by the European Commission at the following address and listing all the dispute settlement bodies approved in France: https://webgate.ec.europa.eu/odr/.
15.6. Should this mediation procedure fail, or should the Customer wish to bring the matter before a court, the Paris courts will have exclusive jurisdiction, subject to the applicable rules of public order.
