Terms and Conditions for the Use of Services

Last modified: August 27, 2026

1. Parts and purpose

This is a courtesy translation. In accordance with Article 10.2 below, the French version of these terms is the only legally binding version and shall prevail in the event of any discrepancy or dispute.These general terms and conditions of use of services (hereinafter referred to as the “GTCU”) are entered into between, on the one hand, Gerafile, with a share capital of 10,000 euros, registered with the Paris Trade and Companies Register under number 418457693, having its registered office at 317 rue du Faubourg Saint-Antoine, VAT number: FR61418457693 (hereinafter referred to as the “Restaurant”) and, on the other hand, the natural person wishing to use the Services offered by the Restaurant (hereinafter referred to as “You” or the “User”), hereinafter jointly referred to as the “Parties”.The services that may be offered to You by the Restaurant under these GTCU are those described in the “Features of the Services” article of these GTCU, namely:
  • online booking and/or “click and collect” ordering (i.e. an order to be collected from the Restaurant); and/or
  • menu viewing and pay-at-table; and/or
  • submitting online reviews.
hereinafter jointly referred to as the “Services” (depending on the Services actually offered and selected by the Restaurant and on the settings it may configure).These GTCU set out the conditions of use of these Services, as well as the rights and obligations of the Restaurant and of the User.

2. Acceptance and enforceability of the GTCU

Use of the Services requires that You read, understand and accept these GTCU. You declare and acknowledge that (i) You are of legal age or an emancipated minor and have full legal capacity to enter into commitments under these GTCU, and You warrant this to the Restaurant, and (ii) You have been informed of the nature, purpose and features of the Services, as well as of the prerequisites necessary for their use. You are solely responsible for the decision to use the Services.Such acceptance of the GTCU constitutes acceptance of the said GTCU and renders them enforceable against You.

3. Features of the Services

As a preliminary point, it is specified that use of the Services requires an internet connection, the costs of such connection remaining solely at your expense.The Services are provided by the Restaurant by means of a software solution designed and developed by the company Zenchef SAS.As the Services are performed immediately, the date on which the Services are supplied is the date on which You use them.

3.1 You book online or place a “click and collect” order

The provisions set out below apply to You only if You make an online booking at the Restaurant or if You place a “click and collect” order via the online booking and “click and collect” ordering module provided for this purpose (hereinafter the “Booking Module”).

3.1.1 Access to the Booking Module

Bookings or “click and collect” orders with the Restaurant may be made through various channels:
  • via the Booking Module embedded directly on, or made accessible from, the website of the Restaurant or of its partners;
  • via booking services offered by third-party companies that interact with and/or are interconnected with the Booking Module;
  • via the Zenchef mobile application, which redirects to the Booking Module (it being specified that, in this case, You must first log in to your user account on the said application).

3.1.2 Booking a table at the Restaurant via the Booking Module

3.1.2.1 Booking procedure
Once on the Booking Module, You may choose the number of guests, as well as the desired booking date and time (for dates and times when the Restaurant is open only). You may also choose the dining room in which You wish to be seated if the Restaurant activates this feature.It is specified that the features associated with booking requests made through the Booking Module depend on the configuration of the Booking Module carried out by the Restaurant.You will then be asked to provide the following information:
  • title;
  • first name;
  • last name;
  • telephone;
  • email;
  • comments (optional);
and possibly other information that the Restaurant may request. In this respect, the Restaurant is free to configure the Booking Module by adding data collection fields and/or by activating or deactivating certain features.
3.1.2.2 Prepayment or card imprint
In order to validate your booking request and to prevent late cancellations or failure to show up on the date and at the time scheduled for the booking, the Restaurant may ask You:
  • to provide your bank card details for the purpose of taking a card imprint; no amount will be charged at the time of your booking request, but the amount previously determined by the Restaurant will be charged if You or any of your guests fail to show up on the date and at the time You booked, or if You cancel your booking late, in accordance with the information specified on the Booking Module where applicable (hereinafter the “Card Imprint”); or
  • to pay in advance, at the time of your booking request, by way of a deposit (arrhes), an amount per participant, in accordance with the information specified on the Booking Module where applicable (hereinafter the “Prepayment”).
In these cases, You will be informed on the Booking Module of:
  • the amount subject to the Prepayment or the Card Imprint (it being specified that this amount is determined by the Restaurant and stated in euros, inclusive of all taxes and service);
  • the authorised means of payment (it being specified that it is your responsibility to provide bank card details that are valid on the date requested for the booking);
  • the period within which You may freely cancel your booking request without charge where applicable, and the period beyond which the cancellation will be considered late (i.e. no refund of the Prepayment, or definitive charging of the agreed amount by means of your Card Imprint).
The Restaurant may ask You for a Prepayment or a Card Imprint after your booking via the Booking Module (in the event that such a request was not made at the time of booking), or when the Restaurant enters your booking request in its back office linked to the Booking Module (for example, when You make a booking by telephone with the Restaurant).In these cases, a message (email or SMS) will be sent to You to inform You of:
  • the amount subject to the Prepayment or the Card Imprint;
  • the authorised means of payment;
  • the period within which You may freely cancel and/or the period beyond which the cancellation will be considered late (i.e. no refund of the Prepayment, or charging of the agreed amount by means of your Card Imprint).
In addition, should the number of guests requested at the time of booking increase, an additional authorisation for your Card Imprint or an additional amount in respect of the Prepayment may be requested from You, in accordance with the process described above.In all cases, the Prepayment or the Card Imprint is processed via the secure payment system used by the Restaurant (Adyen or Stripe in particular).You consent to the collection and use of your Card Imprint by the Restaurant, or to making this Prepayment, by communicating the information appearing on your bank card. The Card Imprint process depends on how your bank operates.The booking request is considered final only once the Prepayment or the Card Imprint has been accepted by the Restaurant.In the event of late cancellation or failure to show up on the date and at the time scheduled for the booking (depending on the configuration carried out by the Restaurant and the information provided to You at the time of your booking request), the Prepayment shall remain the property of the Restaurant, or the amount defined for the Card Imprint shall be effectively charged.If You reduce the number of guests requested at the time of booking, You are informed that any excess paid in respect of the Prepayment will be refunded to You, or that the authorisation for your Card Imprint will be reduced on a pro rata basis.If You honour your booking, and at the end of your meal:
  • the amount paid in respect of a Prepayment remains the property of the Restaurant and You will only have to settle on site at the Restaurant the balance due on your bill where applicable (in the event that consumption exceeds the amount agreed in respect of the Prepayment);
  • your Card Imprint will not be retained and You will have to settle your full bill on site with the Restaurant.
However, if the amount paid in respect of the Prepayment exceeds your bill (for example, if the number of guests actually present is lower than the number stated at the time of booking), no refund will be made.In any event, in the event of expiry, loss, theft or insufficient funds on the means of payment You provided for the Prepayment or the Card Imprint, or of a technical difficulty affecting the proper functioning of the Service and preventing funds from being charged or a card imprint from being taken, You undertake to pay the sums due in respect of your booking to the Restaurant, by any means made available to You by the Restaurant, and in accordance with the terms indicated to You by the Restaurant.
3.1.2.3 Completing the booking
Where a Prepayment or a Card Imprint is requested from You, and once You have entered / selected the information required to make a booking request:
  • You will have access to a summary screen of your booking request, allowing You to view your request and its price and to correct any errors before validating it;
  • You will be asked to accept these GTCU and to click on the validation button;
  • the payment module containing the entry form will then be displayed, allowing You to enter your payment details, and You will have to click on the validation button to finalise your booking request;
  • at the end of these steps, a summary page of your booking request will be displayed.
If no Prepayment or Card Imprint is requested, and once You have entered / selected the information required to make a booking request, You must accept these GTCU and click on the validation button to finalise your booking request.In any event, if the Restaurant has activated the booking validation feature, the booking request will only be confirmed after it has been accepted by the Restaurant. By way of illustration, your booking request may be refused if the Restaurant does not have the seating capacity to accommodate You on the date and at the time requested.Should the Restaurant refuse the booking request, no Prepayment will be taken and the Card Imprint will be deleted (where such a Prepayment or Card Imprint has been requested).Several emails or SMS messages may be sent to You following your booking request via the Booking Module, depending on the choices You have expressed where applicable and on the settings configured by the Restaurant: email or SMS acknowledging receipt of the booking request, email or SMS confirming the booking, email or SMS asking You to reconfirm the booking, and email or SMS seeking your review following the booking (with regard to these review requests, You are invited to refer to the article “If you submit an online review” below).

3.1.3 “Click and collect” ordering via the Booking Module

The Restaurant may offer the option of placing a “click and collect” order.Once on the Booking Module, You may choose the dishes and items You wish to order from the menu offered by the Restaurant, as well as the desired date and time for collecting the order from the Restaurant. You are informed that the prices applied to the dishes and items offered are determined on the basis of the rates indicated by the Restaurant, it being specified that these rates are stated in euros, inclusive of all taxes and service.“Click and collect” order requests may only relate to dates and times when the Restaurant is open. The features and time slots associated with “click and collect” through the Booking Module depend on the configuration of the Booking Module carried out by the Restaurant.You will then be asked to provide the following information:
  • title;
  • first name;
  • last name;
  • telephone;
  • email;
  • comments (optional);
and possibly other information that the Restaurant may request. In this respect, the Restaurant is free to configure the Booking Module by adding data collection fields and/or by activating or deactivating certain features. In particular, the Restaurant may determine the procedures for confirming the order, or decide whether the order must be paid for online when it is placed via the Booking Module or on site when the order is collected.Accordingly, if the Restaurant has activated the order validation feature, the order will only be confirmed after it has been accepted by the Restaurant. By way of illustration, your order may be refused if the Restaurant does not have the capacity to prepare your order. Should the Restaurant refuse the order, any payment You may have made via the Booking Module will be refunded to You.As mentioned above, the price is payable to the Restaurant (i) at the time the order is definitively validated via the Booking Module, upon completion of the dedicated payment module, it being specified that in this case the authorised means of payment will be indicated to You on this module and that You will be debited immediately on the bank account linked to the means of payment used in the said module, or (ii) on site, directly with the Restaurant, depending on the means of payment accepted by the latter.In any event, where payment for your order is requested on the Booking Module, and once You have entered / selected the information required to make an order request:
  • You will have access to a summary screen of your order request, allowing You to view your request and its price and to correct any errors before validating it;
  • You will be asked to accept these GTCU and to click on the validation button;
  • the payment module containing the entry form will then be displayed, allowing You to enter your payment details, and You will have to click on the validation button to finalise your order request;
  • at the end of these steps, a summary page of your order request will be displayed.
If no payment is requested on the Booking Module (i.e. if You must pay for your order directly on site at the Restaurant when collecting your order), and once You have entered / selected the information required to make an order request, You must accept these GTCU and click on the validation button.In any event, several emails or SMS messages may be sent to You following your “click and collect” order via the Booking Module, depending on the choices You have expressed where applicable and on the settings configured by the Restaurant: email or SMS acknowledging receipt of the order, email or SMS confirming the order, email or SMS asking You to reconfirm the order, and email or SMS seeking your review following the order (with regard to these review requests, You are invited to refer to the article “If you submit an online review” below).

3.1.4 Modifying your booking

If the Restaurant has activated this feature of the Booking Module, and depending on the settings configured by the Restaurant, You may be offered the option of modifying your booking online free of charge where such modification takes place before a certain period preceding the booking date. In this case, a link provided for this purpose will be sent to You in the messages (email or SMS) that may be sent to You following your booking request.However, bookings associated with a Card Imprint or a Prepayment cannot be modified online.Furthermore, no such online modification process exists for “click and collect” orders placed with the Restaurant.

3.1.5 Cancelling your booking or your order

If the Restaurant has activated this feature of the Booking Module, and depending on the settings configured by the Restaurant, You may be offered the option of cancelling your booking or your order online free of charge where such cancellation takes place before a certain period preceding the booking or order date. In this case, a link provided for this purpose will be sent to You in the messages (email or SMS) that may be sent to You following your booking or order request.In this case, if You have made a Prepayment, it will in principle be refunded to You, and if a Card Imprint was requested from You, it will be deleted and no charge will be made by the Restaurant. In this situation, the terms governing the exercise of this cancellation option will be clearly indicated to You on the Booking Module and/or in the messages (e.g. email or SMS) acknowledging receipt of your booking request or of your order.

3.2 If you view the menu or use pay-at-table

The Restaurant may offer (depending on the settings and on the Services actually subscribed to by the Restaurant) the option:
  • to view the menu online, in your browser, and/or
  • to pay the bill at the table by means of the payment module accessible by scanning the QR code provided for this purpose and placed on your table (hereinafter the “Pay-at-Table Module”),
it being specified that You may use this Service in “guest” mode or by logging in to your Zenchef account created beforehand.The provisions set out below apply to You only if You view the menu or use pay-at-table.

3.2.1 Scanning the QR code

You may view the Restaurant’s menu by scanning the QR code provided for this purpose and placed on your table using your mobile phone (provided it is a smartphone). In this case, your browser will open and You will be able to view this menu online.Once your order has been placed with the Restaurant’s staff, it is automatically recorded in the Restaurant’s point-of-sale software, which is interconnected with the Pay-at-Table Module.You may be offered the option of settling your bill online, through the Pay-at-Table Module. In this case, by scanning the QR code accessible on your table using your mobile phone (provided it is a smartphone), your browser will open and You will access the bill relating to your order online, showing the details of your table’s consumption.You may make payment for the items consumed in “guest mode” or by logging in to your Zenchef account. If You do not yet have a Zenchef account, You may create one when paying your bill via the Pay-at-Table Module.You are informed that the prices shown on the menu have been determined by the Restaurant, and that those appearing on the bill accessible online through the Service are determined on the basis of the rates indicated by the Restaurant on its menu, according to the dishes and, more generally, the items You have ordered at your table.Generally speaking, these prices are stated in euros, inclusive of all taxes and service.

3.2.2 Checking that the bill matches your order

We draw your attention to the fact that errors may arise when your order is entered or when your bill is displayed (in particular as a result of a technical problem). You must therefore ensure, before making any payment, that the bill does indeed correspond to your order and, in the event of an error, notify the Restaurant.If the amount of the bill matches what You have consumed, and depending on the choices You have expressed regarding its settlement (in particular whether or not it is to be split), You must validate the amount You wish to pay by clicking on the validation button provided for this purpose.

3.2.3 Splitting the bill

When settling the bill using the Payment Module, You may choose from the following options:
  • select all of the products (dishes, drinks, etc.) or only one of them;
  • split the bill into several shares;
  • split the price of a product into several shares;
  • manually enter the exact amount You are paying (example: I wish to pay 15 euros towards the total bill).
When splitting the bill with other users, they must also scan the QR code of the same table and accept these GTCU in order to pay their share, by carrying out the same operation as described in this article relating to the use of the Pay-at-Table Module. The total of the sums paid by You and by the other users must ultimately equal the sum that was payable before the bill was split in accordance with this article.

3.2.4 Receipt

A payment confirmation including a receipt will be sent to You by email. You must therefore provide your email address for this purpose. Failing this, the receipt cannot be sent to You and You will not be able to complete the process on the Pay-at-Table Module.On this screen, You will also be asked to accept these GTCU and to click on the validation button in order to proceed to the next step.Your attention is drawn to the fact that the receipt thus sent to You will include the details of what You consumed only in the event that You selected products (dishes, drinks, etc.) when settling the bill.

3.2.5 Tip

You will have the option of leaving a “tip” for the Restaurant by selecting an amount proposed by the Restaurant or by entering an amount of your choice, which You will pay when settling your bill.

3.2.6 Payment

In order to pay all or part of the bill and the tip where applicable, in accordance with the choices You have expressed under the conditions and in accordance with the terms set out above, You must enter the payment data required for this purpose and/or carry out the actions required for this purpose, depending on the means of payment chosen and in accordance with the instructions shown on the payment page, then click on the validation button.Payment is processed via the secure payment system used by the Restaurant (Adyen).It is specified that the means of payment accepted to pay the bill through the Pay-at-Table Module may be as follows: American Express card, bank card, Mastercard, Carte Bleue, Google Pay, Apple Pay and/or Swile card, depending on the means of payment actually shown on the payment page of the Pay-at-Table Module.At the time of the payment transaction, You may be asked to confirm your identity or the validity of the use of your payment instrument by means of a strong authentication process within the meaning of the French Monetary and Financial Code.Furthermore, the price due to the Restaurant in respect of the bill and the tip where applicable, in accordance with the choices You have expressed under the conditions and in accordance with the terms set out above, is payable by the User at the time of completion of the Pay-at-Table Module and validation of the payment, this price being (i) debited immediately upon validation of the payment from the bank account linked to the means of payment used in the said Pay-at-Table Module, or (ii) deducted immediately upon validation of the payment from your meal voucher balance where You use such a means of payment.In any event, the data You enter when using the Pay-at-Table Module is binding on You. The Restaurant is not liable for any errors You may have made with regard to the information You entered when using the Pay-at-Table Module.At the end of these steps, a summary page confirming your payment will be displayed.

3.3 If you submit an online review

This paragraph applies to You if You submit an online review via the collection form provided for this purpose.Following your experience at the Restaurant (i.e. after consuming products offered by the Restaurant), You may leave your review using the collection form provided for this purpose:
  • either on the page displayed after paying at the table on the Pay-at-Table Module;
  • or by clicking on the “Leave a review” button sent to You by email or SMS after your visit to the Restaurant.
The review requested relates to the catering service actually provided by the Restaurant. You may thus give a rating to your experience and write associated comments.No consideration or benefit is granted to You in exchange for submitting a review.The Restaurant may decide that the reviews and comments left with it be published on its website or on other communication media (in particular on the websites or mobile applications on which it is listed).You undertake not to enter reviews or comments liable to breach public order or public decency, or to infringe the rights of third parties, or to contravene the legal provisions in force. In this respect, You undertake in particular to exercise vigilance and moderation in the comments You leave, and in particular You must ensure that your statements are not defamatory, degrading or insulting, and more generally to comply with the provisions of these GTCU, and in particular with the article “Prohibitions”.The Restaurant may carry out a subsequent review and moderation of the comments left with it, and delete comments that are contrary to these GTCU. It has the option of replying to your review or comment.Once your review or comment has been left, You do not have access to any feature allowing You to modify it.If your review or comment is not published, it is for the Restaurant to inform you of the reasons justifying its rejection, it being specified that your review may in principle be rejected or deleted as a result of a breach of the GTCU or of the applicable provisions.Generally speaking, the conditions governing the review, moderation or publication of reviews by the Restaurant on its website or on other communication media (in particular on the websites or mobile applications on which it is listed) are a matter for the latter.

4. Prohibitions

When using the Services, You are prohibited from:
  • entering incorrect information;
  • disseminating or entering content that is defamatory, insulting, obscene, offensive, violent or inciting violence, racist or xenophobic in nature, or generally any content that would be contrary to the laws and regulations in force or to public order;
  • carrying out any action whose purpose or effect is to undermine the integrity, confidentiality, security, availability or quality of the Services;
  • counterfeiting or using the products, logos, trademarks or any other element protected by intellectual property rights and owned by the Restaurant or by the company Zenchef SAS;
  • reverse engineering, decompiling, disassembling, deciphering or attempting to obtain the source code used to provide all or part of the Services;
  • using manual or automated software or devices, robots or any other means to access, explore, extract or index all or part of the data processed in connection with the Services;
  • carrying out any action that would be contrary to these GTCU and, generally speaking, any action liable to constitute a criminal offence or a civil wrong.

5. Security

You declare and acknowledge that You have the technical competence to use the Services.In this respect, You warrant that You have the knowledge and skills necessary for the proper use of the Services and the associated features, in accordance with the legal and/or regulatory provisions applicable to You.You undertake to take appropriate measures to ensure the security of your own data and/or software, and in particular to protect them from contamination by any viruses, malicious code, harmful agents, or any other harmful technologies or logical infections.You undertake not to commit any act that could compromise the IT security of the Services or of the computer system of the Restaurant and/or of Zenchef SAS.Automated data processing systems underpin the Services. In particular, You are prohibited from fraudulently accessing or remaining within all or part of these automated data processing systems. In particular, You undertake not to use any method of access other than the interfaces and modules made available to You in connection with the provision of the Services.You undertake not to use devices or software of any kind, nor to carry out any operations, whose purpose or effect could be to disrupt, hinder, interfere with, distort or interrupt the normal functioning and/or the security of the Services, or which would impose a disproportionate load on the associated infrastructure and systems.You undertake not to extract, for commercial purposes or for any purpose not expressly authorised, all or part of the information or data present in connection with the provision of the Services, and not to use a robot, in particular a crawler or spider, software, an automated system, a script, a program, an application, or any other means allowing all or part of the content of the interfaces and modules used in connection with the provision of the Services to be extracted or indexed.You must also take care not to introduce any virus, malicious code or any other harmful agent, logical infection or harmful technology that could affect the Services or the features offered therein, as well as the associated infrastructure and systems.The Restaurant undertakes, for its part, to deploy appropriate measures to ensure the security of access to the Services and to seek to prevent any unauthorised person from accessing them.

6. Liability

The Restaurant is liable only for duly proven direct damage suffered by the User in connection with the use of the Services. Indirect damage is expressly excluded.Furthermore, the Parties agree that the Restaurant is not liable for:
  • damage resulting from an event of force majeure, from your own act (for example: abnormal use or misuse, including use that does not comply with these GTCU, or fraudulent or unlawful use of the Services, or use for fraudulent or unlawful purposes) or from the unforeseeable and insurmountable act of a third party;
  • the functioning (or malfunctioning) of your computer or mobile equipment, or your access to the Internet or to any network (computer network, telephone network, internet network, telecommunications or electronic communications network, etc.) which would prevent You, for example, from receiving a confirmation of your booking or from receiving a review request.

7. Insurance

The Restaurant certifies that it has taken out an insurance policy with an insurance company of recognised solvency established in France covering all financial consequences of its professional, tortious and/or contractual civil liability arising from material and immaterial damage caused in the performance of these terms.To obtain the contact details of the insurer or guarantor, as well as the geographical coverage of the policy taken out by the Restaurant, please contact the Restaurant (see in particular the Restaurant’s contact details set out in the article “Parties and purpose” above).Upon your written request, the Restaurant undertakes to provide You with any supporting document attesting to the existence, validity and appropriate nature of the insurance taken out.

8. Evidence agreement

8.1 IT traces

You acknowledge that the tools implemented in connection with the Services make it possible to ensure the traceability of certain actions and operations carried out (in particular the traceability of bookings or payments made through the Services, or of acceptance of the GTCU). These traceability procedures generate IT traces and event logs (hereinafter the “IT Traces”).The IT Traces generated by the Services, as well as any reproduction thereof on paper or in electronic form, may be used in order to provide evidence (without prejudice to your ability to provide evidence to the contrary) of any use of the Services, and in particular evidence that a booking or a payment was made, that information was entered in a collection form, or that information was provided or consent / acceptance was given.

8.2 Acceptance of electronic writings

Your exchanges with the Restaurant, and with Zenchef SAS where necessary, may take place by any means, in particular by email, notification, or through any documents and other electronic writings arising from the use of the Services, in particular the IT Traces, and more generally from the performance of these GTCU, as well as those accepted or signed electronically (hereinafter the “Electronic Writings”).You acknowledge that the Electronic Writings may be used in order to provide evidence (without prejudice to your ability to provide evidence to the contrary) of a fact or of the content of exchanges, and that generally speaking any IT and/or electronic trace or document originating from the Restaurant, from Zenchef SAS where applicable, or from the use of the Services, may be used for the purpose of providing evidence (e.g. content, time-stamping, etc.).

8.3 Retention and archiving

The Parties are individually responsible, at their own risk, for the retention and archiving of the Electronic Writings.

9. Miscellaneous

9.1 No waiver

The fact that one of the Parties tolerates a situation, for example the fact of not invoking the application of certain provisions of the GTCU or of certain legal or regulatory provisions, whatever the frequency and duration thereof, shall not constitute a modification of the GTCU nor have the effect of granting the other Party any acquired rights.Moreover, such tolerance by one of the Parties, even if repeated, shall not constitute or be interpreted as a waiver by that Party of its right to assert or exercise the rights in question or to invoke any of the provisions of these GTCU.

9.2 Force majeure

The User and the Restaurant may not be held liable towards one another in the event of non-performance of their obligations under these GTCU resulting from an event of force majeure. By express agreement, force majeure shall be deemed to include all unforeseeable, irresistible and external events rendering performance of all or part of these GTCU impossible, as customarily recognised by the case law of the French courts and tribunals.

9.3 Severability

If one or more provisions of these GTCU are held to be void, invalid, unlawful or unenforceable, or declared as such pursuant to a law, a regulation or a final decision of a competent court or authority, the remaining provisions shall remain applicable and shall retain their full force and effect.

9.4 Independent contracting parties

The Parties act as independent contracting parties and these GTCU may not be interpreted in any other way.

9.5 No right of withdrawal

In principle, for contracts concluded at a distance under which the trader undertakes to provide a service to the consumer in return for which the consumer pays or undertakes to pay a price, there is a statutory period of fourteen (14) days during which the consumer may exercise a right of withdrawal without having to give reasons for the decision.The right of withdrawal thus provided for by the French Consumer Code could only have existed in respect of the Booking Module where the Restaurant requests a Card Imprint or a Prepayment from You.However, in accordance with Article L.221-28 12° of the French Consumer Code, the right of withdrawal may not be exercised in respect of catering service contracts that are to be provided on a specific date or during a specific period.Accordingly, when You use the Booking Module (to make a booking request at the Restaurant or to place a click and collect order), You do not have the right of withdrawal provided for by Articles L.221-18 to L.221-28 of the French Consumer Code. It follows, for example, that You will not be able to request a refund of your order or of the prepayment You made for your booking.

10. Mediation, out-of-court dispute resolution, applicable law and competent jurisdiction

10.1 Mediation and out-of-court dispute resolution

For any contractual dispute relating to the use of the Services that could not be resolved by means of a prior complaint submitted to the Restaurant, in accordance with the provisions of Articles L.612-1 et seq. of the French Consumer Code, You have, in your capacity as a consumer, the option of referring the matter free of charge to a consumer ombudsman with a view to the amicable resolution of a dispute between You and the Restaurant.Recourse to the ombudsman is not a mandatory prerequisite to bringing legal proceedings.A dispute will only be examined by the consumer ombudsman if:
  • You provide evidence that You first attempted to resolve your dispute directly with the Restaurant by means of a written complaint expressly identified as such, setting out the grounds for your complaint as well as all information useful to the Restaurant in understanding, examining and assessing the causes, consequences and implications of that complaint, and addressed to the Restaurant (see the Restaurant’s contact details set out in the article “Parties and purpose”);
  • the request is not manifestly unfounded or abusive;
  • the dispute has not previously been examined and is not currently being examined by another ombudsman or by a court;
  • You submit your request to the ombudsman within a maximum period of one year from your written complaint to the Restaurant;
  • the dispute falls within the remit of the ombudsman to whom the matter is referred.
The body designated by the Restaurant for this purpose is [TO BE COMPLETED — see note].You will be informed by the ombudsman of the action that will be taken on your mediation request.Furthermore, You are informed that, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and traders in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

10.2 Applicable law and competent jurisdiction

These GTCU are governed by French law. This applies to both substantive rules and rules of form, notwithstanding the places of performance of the substantial or ancillary obligations.The French courts have sole jurisdiction to hear disputes arising from the application of these GTCU or resulting directly or indirectly from the use of the Services. The reference language for the settlement of any disputes is French.These provisions relating to the applicable law and the competent jurisdiction apply subject to any mandatory provisions that would be applicable to the User in their capacity as a consumer.
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