1. Presentation of the Website
Elmer is a restaurant located at 30 rue Notre Dame de Nazareth - 75003 Paris managed by its Chef Simon Horwitz (hereinafter "the Restaurant").
Tiptoque offers Elmer restaurant products for sale via its website https://elmer-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, having its registered office at 43 bis rue Roger Jourdain – 92500 RUEIL MALMAISON, registered with the RCS Nanterre under number 813 464 146.
2. Applicability and opposability of these T&Cs to the Customer
2.1 All orders made 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, 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").
When ordering alcoholic beverages, Tiptoque reserves the right to ask the customer to prove his age and to cancel the order if it has reason to believe that he is a minor.
The Customer declares to act for his personal use and to prohibit any partial or total resale of the products.
2.3 The T&Cs are enforceable against the Customer who acknowledges, by ticking a box provided for this purpose, to have been aware of them and to have accepted them before placing an order.
The GCS applicable and enforceable against the Customer will be those in force at the time of the effective validation by the Customer of his order recorded by the Site.
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 before taking the final order, the essential characteristics of the product, in accordance with the provisions of the 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 completely 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 regulations in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers at the time of their placing 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 to him or he will be reimbursed and the order canceled.
No compensation for cancellation (apart from the full refund of the order) may be requested.
3.4 If necessary, the products are delivered with their instructions for storage, reheating and tasting. If in doubt, contact the restaurant by phone, 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 it, in euros, all taxes included, 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 force 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 tableware
Tiptoque offers the ultimate experience of delivered quality catering, the dishes cooked by the chefs being delivered in cast iron casserole dishes, 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 or the reusable crockery at the end of a period of 7 days and to keep the casserole.
The return of the dishes can be done directly by the Customer to the restaurant concerned or through the intermediary of the delivery service provider who picks up the casserole at the place of delivery and then brings it back to the restaurant concerned.6. Gift cards
Tiptoque also offers gift cards that allow cardholders to order products on the Chef's website or to reserve a menu - the content of which varies according to the amount of the gift card - in their restaurant.
Gift cards are valid for a limited period specified at the time of ordering. This period begins to run from the date of confirmation of the order.
It is specified that Tiptoque will transfer to the Chef the amount of the gift card ordered on the Site at the end of the withdrawal period of 14 days from the order.
Consequently, Tiptoque declines all responsibility in the event of the Chef's inability to honor the gift card (eg in the event of judicial liquidation of the Chef's restaurant) and will not be required to refund or exchange said gift card.7. Order formation process - payment
7.1 To place an order, the Customer, after having filled his virtual basket 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 of checking the details of his order and its total price and of returning 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 his surname, first name, telephone number and, if he wishes, create a password in order to create his customer account.
7.3. The Customer then provides information relating to delivery, billing and method of payment.
7.4. Payment is made immediately upon ordering through the Stripe payment service.
The Stripe service is a service independent of the Seller, allowing the Customer to make a secure online payment by credit card, without his contact details being communicated to Tiptoque.
7.5. Tiptoque reserves the right to suspend or cancel any order in the event of an order for an abnormally high amount, non-payment of any amount due by the Customer or in the event of a payment incident. If the bank refuses, the order will be automatically canceled and the customer notified.
7.6. The confirmation of the order, by its payment, entails acceptance of the GCS and forms the contract.
An e-mail acknowledging receipt of the order and its 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 at the time agreed when placing the order, the order is considered complete and no new delivery is to be expected. On a case-by-case basis, subject to the type of products and in agreement with the customer, a new delivery may be organised.
Tiptoque cannot under any circumstances be held responsible for the consequences resulting from erroneous or incomplete data, particularly in the recipient's contact details, or any damage to 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 preservation
Deliveries of Tiptoque products are made by different companies that operate according to Tiptoque's specifications. Products are transported in insulated bags and boxes loaded with eutectic plates, in refrigerated trucks, with the aim of keeping the products at the right temperature until they are delivered to the Customer.
Once the order has been delivered to the Customer, it is up to him to keep his dishes between 0° and 3° and to consume them before the DLC displayed.
10. Legal guarantee of conformity / Guarantee against hidden defects
10.1 All products supplied by Tiptoque benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following and L. 411-1 and following of the consumer code and the guarantee against hidden defects provided for in articles 1641 and following 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, he will be able 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 during the 2 days following the delivery of the product.
If acting on the basis of the warranty against hidden defects, the Customer may choose between rescinding the sale or reducing the sale price, in accordance with article 1644 of the Civil Code.
10.2 Tiptoque guarantees that the products delivered have been the subject of the most attentive care before their packaging and dispatch, which is carried out in such a way as to preserve the perfect preservation of the products.
If the Customer is not fully satisfied with the quality of the products delivered, Tiptoque will reimburse the product(s) concerned in the event of deterioration in the quality of the products. In this case, the Customer must immediately return the package to Tiptoque for verification or contact Tiptoque immediately by email at: firstname.lastname@example.org
Tiptoque cannot however guarantee that the products meet the personal taste expectations of the person who will consume them.
10.3 Canned products should be stored in a cool, dry place. Perishable or semi-preserved products must be stored in the refrigerator between 0° and + 4° upon receipt.
Tiptoque cannot be held responsible for the deterioration of the products due to the negligence of the customer and/or the poor conservation of the products after their delivery.
10.4 Similarly, the deterioration of the products due to non-compliance with the reheating instructions attached to the order cannot engage the responsibility of Tiptoque.
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 taken back nor exchanged.
11.2 For dry, 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 purpose 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 item included in your order.
To exercise the right of withdrawal, the Customer must notify Tiptoque by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail) before the expiry of the withdrawal period.
In the event of withdrawal, Tiptoque will reimburse all payments received from the Customer, including delivery costs (with the exception of additional costs arising from the fact that the Customer has chosen, where applicable, a delivery method other than the less expensive 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 proceed with the reimbursement using the same means of payment as that used by the Customer 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.
Tiptoque reserves the possibility of deferring reimbursement until it has received the goods.
The direct costs of returning the goods will be the sole responsibility of 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, without the prior written authorization of Tiptoque, the Customer may not proceed with any reproduction, representation, adaptation, translation and/or partial or complete transformation, or a transfer to another website of any element making up the Site.
Failure to comply with this prohibition may constitute an act of counterfeiting engaging the civil and criminal liability of its author. Finally, Tiptoque reminds that any creation of a hypertext link 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 find out 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 public holidays or non-working days, at email@example.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 opposing it to 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 parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
15. Applicable law
This contract and the GCS governing it are subject to French law. In the event of a dispute relating to the interpretation or execution of these GCS, the parties undertake to seek an amicable solution. Otherwise, the dispute will be brought before the competent courts within the jurisdiction of the Paris Court of Appeal.
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
Member Services can be contacted at the following address: firstname.lastname@example.org
Shopify – Shopify Inc. 126 York St. Ottawa, ON K1N 5T5 Canada
PUBLICATION DIRECTOR :
Edwy Rousseau, as President of SAS TIP TOQUE
CNIL DECLARATION NUMBER:
INTELLECTUAL PROPERTY :
The elmer-restaurant.fr website and each of its elements are the exclusive property of Tiptoque SAS. They are protected by the Intellectual Property Code.