GENERAL CONDITIONS OF SALE AND LEGAL NOTICES
1. Presentation of the Website
Gemellus is a restaurant located at 37 avenue Duquesne - 75007 Paris run by its Chef Maxime Le Meur and Clément Le Meur (hereinafter “the Restaurant”).
Tiptoque offers for sale the products of the Gemellus restaurant via its website https://gemellus-restaurant.fr (hereinafter the “Site”). The website is open to all users of the internet network.
The Site is published by Tiptoque, a simplified joint stock company, with its registered office at 43 bis rue Roger Jourdain – 92500 RUEIL MALMAISON, registered with the Nanterre Trade and Companies Register under number 813 464 146.
Email: gemellus.paris@gmail.com
2. Applicability and enforceability of these General Terms and Conditions to the Customer
2.1 All orders placed on the Site are subject to these general terms and conditions of sale (hereinafter the “GTC”).
2.2 The customer declares to be a natural person, aged at least 18 years old and to have the legal capacity or to hold parental authorization allowing him to place an order on the site (hereinafter “the Customer”).
In the event of an order for alcoholic beverages, Tiptoque reserves the right to ask the customer to provide proof of age and to cancel the order if it has reason to believe that the customer is a minor.
The Customer declares that he is acting for his own personal use and is prohibited from any partial or total resale of the products.
2.3 The General Terms and Conditions are binding on the Customer who acknowledges, by checking a box provided for this purpose, having read and accepted them before placing an order.
The General Terms and Conditions applicable and binding on the Customer will be those in force at the time of the Customer's effective validation of their order recorded by the Site.
3. Products
3.1 Each product offered on the Site is accompanied by a descriptive text provided by the Restaurant and one or more photos allowing the Customer to know the essential characteristics of the product before placing the final order, in accordance with the provisions of Article L.111-1 of the Consumer Code and the regulations on non-prepackaged foodstuffs.
These indications are intended, without being exhaustive, to inform the Customer as fully as possible about the essential characteristics of the products and in particular any allergens, in accordance with article R. 112-13 of the Consumer Code.
The restaurant reserves the right to modify the content of the dishes at any time.
The photographs illustrating the products do not constitute a contractual document.
3.2 The products comply with the requirements in force relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers at the time they are placed on the market.
3.3 The products are offered and delivered within the limits of available stocks.
In case of unavailability of the product, the Customer will be informed by email. A replacement product will be offered or the Customer will be refunded and the order cancelled.
No cancellation compensation (other than a full refund of the order) may be requested.
3.4 If necessary, the products are delivered with their storage, reheating and tasting instructions. In case of doubt, contact the restaurant by telephone, email or via the Site.
4. Selling price
4.1 The prices mentioned on the Site are indicated, for each of the products listed for sale on the Site, in euros including all taxes, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
4.2 The total amount owed by the Customer is indicated on the order confirmation page.
4.3 Tiptoque reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in effect on the day of the order.
4.4 The price is payable in full after confirmation of the order.
5. Gang des cocottes - Ceramic box - Deposit - Return of reusable dishes
Tiptoque offers the ultimate experience in quality delivered catering, with chef-prepared meals delivered in cast iron casseroles, ready to reheat, or in a box containing ceramic tableware.
The Customer will be asked for a bank imprint of 180 euros before validating the order as a deposit. This deposit will only be debited if the Customer decides not to return the casserole dish or reusable dishes after a period of 7 days and to keep the casserole dish.
The return of the dishes can be done directly by the Customer to the restaurant concerned or through the delivery service provider who comes to collect the casserole dish from the place of delivery and then returns it to the restaurant concerned.
6. Gift cards
Tiptoque also offers gift cards that allow the cardholder to order products on the Chef's website or to reserve a menu - the content of which varies depending on the amount of the gift card - in his restaurant.
Gift cards are valid for a limited period specified at the time of order. This period begins to run from the date of confirmation of the order.
It is specified that Tiptoque will refund to the Chef the amount of the gift card ordered on the Site upon expiry of the 14-day withdrawal period from the order.
Consequently, Tiptoque declines all responsibility in the event of the Chef's inability to honor the gift card (e.g. in the event of the Chef's restaurant going into liquidation) and will not be required to reimburse or exchange said gift card.
7. Order formation process - payment
7.1 To place an order, the Customer, after having filled his virtual basket by indicating the selected products and the desired quantities, clicks on the “order” button.
Before clicking on the “Validate my order” button, the Customer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.
7.2. The Customer then provides a valid email address as well as their first name, last name, telephone number and, if they wish, create a password in order to create their customer account.
7.3. The Customer then provides information relating to delivery, invoicing and payment method.
7.4. Payment is made immediately upon ordering via the Stripe payment service.
The Stripe service is an independent service from the Seller, allowing the Customer to make a secure online payment by bank card, without their details being communicated to Tiptoque.
7.5. Tiptoque reserves the right to suspend or cancel any order in the event of an abnormally high order amount, non-payment of any amount that would be due by the Customer or in the event of a payment incident. In the event of refusal by the bank, the order will be automatically cancelled and the customer notified.
7.6. Confirmation of the order, by its payment, entails acceptance of the General Terms and Conditions and forms the contract.
An email acknowledging receipt of the order and payment is sent by Tiptoque as soon as possible.
8. Delivery – deadlines
8.1 The delivery areas covered are indicated in the individual product descriptions.
8.2 Delivery will be made according to the terms indicated when placing the order.
8.3 In the event that the Customer is not available at the place and time agreed when placing the order, the order is considered complete and no new delivery is expected. On a case-by-case basis, subject to the type of products and in agreement with the customer, a new delivery may be organized.
Tiptoque cannot be held responsible for any consequences resulting from incorrect or incomplete data, particularly in the recipient's contact details, or from any possible deterioration of the products due to the late receipt of a package due to the absence of the Customer or the person authorized to receive it.
9. Cold chain - Product conservation
Deliveries of Tiptoque products are carried out by different companies that operate according to Tiptoque's specifications. The transport of the products is carried out in insulated bags and boxes loaded with eutectic plates, in refrigerated trucks, in order to keep the products at the right temperature until their delivery to the Customer.
Once the order has been delivered to the Customer, it is up to the Customer to keep their dishes between 0° and 3° and to consume them before the displayed DLC.
10. Legal guarantee of conformity / Guarantee of hidden defects
10.1 All products supplied by Tiptoque benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. and L. 411-1 et seq. of the Consumer Code and the guarantee of hidden defects provided for in Articles 1641 et seq. of the Civil Code.
The Customer has a period of two days from receipt of the products ordered to act on the basis of the legal guarantee of conformity. In such a case, it will be possible to choose between reimbursement or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code. The Customer is responsible for providing proof of the existence of the lack of conformity of the Product within 2 days following delivery of the product.
If the Customer acts on the basis of the guarantee of hidden defects, he may choose between the resolution of the sale or a reduction in the sale price, in accordance with article 1644 of the Civil Code.
10.2 Tiptoque guarantees that the products delivered have been subject to the most attentive care before their packaging and shipping, which is carried out in such a way as to preserve the perfect conservation of the products.
If the Customer is not fully satisfied with the quality of the products delivered, Tiptoque will refund the product(s) concerned in the event of a deterioration in the quality of the products. In this case, the Customer must immediately return the package to Tiptoque for verification or immediately contact Tiptoque by email at: julie@tiptoque.paris
Tiptoque cannot, however, guarantee that the products meet the personal taste expectations of the person who consumes them.
10.3 Canned products must be stored in a cool, dry place. Perishable or semi-preserved products must be kept in the refrigerator between 0° and +4° upon receipt.
Tiptoque cannot be held responsible for the deterioration of products due to the customer's negligence and/or poor storage of the products after delivery.
10.4 Likewise, Tiptoque shall not be held liable for deterioration of the products due to failure to comply with the reheating instructions attached to the order.
11. Right of withdrawal
11.1 For fresh products: in accordance with the provisions of Article 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for products likely to expire quickly. Fresh products (requiring storage at a controlled temperature) are neither returned nor exchanged.
11.2 For dry products, long-life products and gift cards: In accordance with the provisions of Article 221-18 of the Consumer Code, the Customer has, from delivery, a period of 14 clear days to return the package in its original packaging, unopened, with the seals intact and in perfect condition, for the purposes of exchange or refund.
The Customer may withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen days after the day on which the Customer, or a third party other than the carrier and designated by you, takes physical possession of the last good included in your order.
To exercise the right of withdrawal, the Customer must notify Tiptoque by means of an unambiguous statement (for example, letter sent by post, fax or email) before the withdrawal period expires.
In the event of withdrawal, Tiptoque will reimburse all payments received from the Customer, including delivery costs (with the exception of the additional costs resulting from the fact that the Customer has chosen, where applicable, a method of delivery other than the least expensive method of standard delivery offered by Tiptoque) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. Tiptoque will make the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees otherwise; in any event, this reimbursement will not give rise to any costs for the Customer.
Tiptoque reserves the right to defer reimbursement until it has received the goods.
The direct costs of returning the goods will be borne exclusively by the Customer.
12. Intellectual property
The visual or sound elements reproduced on the Site, which are the exclusive property of Tiptoque, are protected by intellectual property law.
As such, unless prior written authorization is obtained from Tiptoque, the Client may not carry out any reproduction, representation, adaptation, translation and/or transformation, partial or complete, or transfer to another website of any element making up the Site.
Failure to comply with this prohibition may constitute an act of counterfeiting, incurring the civil and criminal liability of its author. Finally, Tiptoque reminds that any creation of a hyperlink to the home page of this Site or any other page of the Site is subject to the express, prior and written agreement of Tiptoque.
13. Personal data protection policy
To learn more about Tiptoque's personal data protection policy, visit the Site.
14. Disputes – mediation
In the event of a dispute, you must first contact the company's customer service from Monday to Friday except on public holidays or bank holidays, at the following address: gemellus.paris@gmail.com
In the event of failure of the complaint request to the consumer service or in the absence of a response from this service within 21 days of receipt of the complaint, the Customer may, in accordance with Article L. 612-1 of the Consumer Code, submit the dispute between him and Tiptoque to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
The Customer can thus use the SAS CNPM - MÉDIATION - CONSOMMATION mediation service free of charge, which includes Tiptoque. The Customer can file their complaint on the website: http://cnpm-mediation-consommation.eu or by post by writing to CNPM - MÉDIATION - CONSOMMATION, 27 avenue de la Libération, 42400 SAINT-CHAMOND.
The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
15. Applicable law
This contract and the General Terms and Conditions governing it are subject to French law. In the event of a dispute relating to the interpretation or execution of these General Terms and Conditions, the parties undertake to seek an amicable solution. Failing this, the dispute will be brought before the competent courts within the jurisdiction of the Paris Court of Appeal.
LEGAL NOTICES
PRESENTATION OF THE PUBLISHER SITE:
TIP TOQUE SAS with capital of €40,860.00
813 464 146 RCS Nanterre
Head office: 43 bis Rue Roger Jourdain 92500 Rueil Malmaison
The Member Service can be contacted at the following address: gemellus.paris@gmail.com
HOST:
Shopify – Shopify Inc. 126 York St. Ottawa, ON K1N 5T5 Canada
PUBLICATION DIRECTOR:
Edwy Rousseau, as President of SAS TIP TOQUE
CNIL DECLARATION NUMBER:
1889393
INTELLECTUAL PROPERTY:
The gemellus-restaurant.fr website and each of its elements are the exclusive property of Tiptoque SAS. They are protected by the Intellectual Property Code.