Preamble
The Client is invited to carefully read these General Terms and Conditions of Sale, which describe:
the online ordering service for products available at the establishment and accessible via the website https://lecerf.com;
the delivery service for products available from the establishment and accessible via the e-commerce site https://lecerf.com (hereinafter referred to as the “Site”).
These services are offered online by LE CERF, SARL, whose registered office is located at 30 rue du Général De Gaulle, 67520 MARLENHEIM, FRANCE, registered with the SAVERNE Trade and Companies Register.
These General Terms and Conditions of Sale apply to any order (hereinafter “Order”) of one or more products (hereinafter the “Product(s)”) placed by the buyer (hereinafter the “Client”) on the Site for delivery of Products (hereinafter referred to as “Order”) from the establishment (hereinafter the “Seller” or the “Establishment”).
Sales on the Site are reserved for Clients who are at least 18 years old at the time of placing the Order.
The use of this service is strictly for personal use.
These General Terms and Conditions of Sale shall prevail over any other general or special terms not expressly approved by the Seller.
The Seller reserves the right to modify the General Terms and Conditions of Sale at any time. In this case, the new terms will apply to any new order as well as to ongoing operations, as of the date they are brought to the Client’s attention by any means.
The fact that the Seller does not invoke these General Terms and Conditions of Sale at a given moment cannot be interpreted as a waiver to invoke them later.
Definitions
The terms and/or expressions used in these General Terms and Conditions of Sale mean, when capitalized, for the purposes of interpretation and execution:
Seller and Establishment: the company operating the establishment where the Order is recorded, whose contact details will be indicated in the confirmation email and on the receipt issued at the establishment upon Product pickup or delivery.
Order: the online ordering service for products available from the establishment. The Client pays for the order online. The Client may pick up the Order at the establishment or choose to receive it via Delivery through the delivery services offered.
Goods or Product(s): any product offered for sale on the Site.
General Terms and Conditions of Sale or GTC: the General Terms and Conditions of Sale outlined herein.
Delivery: the delivery service offered by LE CERF, connecting Clients with independent couriers to deliver products ordered by the Client on the Site. By choosing Delivery, the Client authorizes the Establishment to connect them with an independent courier, on their behalf.
Delivery Fees: the cost incurred by the Seller to deliver the Order to the Delivery address indicated by the Client.
Courier: the independent courier selected by LE CERF who accepts the delivery request for an Order and is responsible for carrying out the delivery under their own responsibility.
Price: the unit value of a Product, including all taxes but excluding Delivery Fees.
Online Sale: the marketing of the Seller’s Goods, Products, and services via the Site.
XXX: LE CERF, which selects the Couriers and operates a service connecting Clients and Couriers for Order Delivery.
References to Articles are to the articles of this Contract unless otherwise specified.
References to the singular include the plural and vice versa.
References to one gender include the other.
Article 1 – Purpose
This Contract defines the rights and obligations of the parties regarding Online Sales.
Confirmation of an online Order assumes the Client has full legal capacity to contract and constitutes unconditional acceptance of these General Terms and Conditions of Sale. Therefore, the Seller disclaims any responsibility for orders placed by legally incapable persons.
In accordance with Decree No. 2002-1465 of 17/12/2002 concerning the origin of beef, the Client is informed that all meat served by the Seller is exclusively of French origin.
Article 2 – Scope
These General Terms and Conditions of Sale are reserved for consumers acting exclusively for their own account and residence.
In accordance with Articles L.111-1 et seq. of the Consumer Code, essential characteristics and prices of Goods, Products, and services sold electronically are available on the Site.
These General Terms and Conditions of Sale apply to all sales of Goods, Products, and services by the Seller via the Site.
Article 3 – Acceptance of the General Terms and Conditions of Sale
The Client declares that they have read and accepted these GTC prior to placing an Order. Any Product Order on the Site constitutes acceptance by the Client of these GTC.
Article 4 – Products
Products offered by the establishment are those listed in the catalog on the Site on the day of the Order, subject to availability. Products should be consumed quickly after pickup or Delivery and never frozen.
The Client must consult each Product’s description for properties, essential characteristics, and allergen information before ordering.
Selection and purchase of a Product are the sole responsibility of the Client.
Products may be modified or removed by the Seller without notice. Online images and illustrations are not contractual. In case of discrepancies, the Seller is not liable.
In case of disputes, written Product information on the Site prevails over oral statements. The establishment will make reasonable efforts to ensure accuracy of Product information on the Site.
Article 5 – Account Creation
To order, the Client must create a Site account to access order history.
During registration, the Client selects a username and password and is advised to link the username to a valid email.
The Client must keep account details confidential. The Seller is not responsible for unauthorized use of the Client’s account.
Mandatory registration data includes first and last name, mobile number, and email address.
In case of a forgotten password, the Client can click “Forgot password?” to receive a 24-hour one-time password to reset it.
Article 6 – Placing Orders
6.1 Online Orders
To order online and pick up at the establishment:
Select desired Products and add them to the cart.
If inactive, selections may not be guaranteed; restart selection if needed.
Confirm the cart and place the order.
Create an account or log in.
Choose delivery and payment options.
Verify Order, correct errors if needed.
Accept GTC.
Pay online.
Pick up the Order with Order number and payment proof.
Payment confirms the order. A confirmation email with the Order number will follow.
Providing card details and accepting GTC acknowledges full knowledge and waives other purchasing terms.
The Establishment may cancel Orders at its discretion, especially if prior payment disputes exist.
Pickup must occur the same day as confirmation and before closing hours. Hours are available on the Site.
Orders are honored within product availability.
6.2 Delivered Orders
Delivery follows the same selection, account, and payment steps.
Order confirmation email will follow payment.
Delivery is subject to product availability. Some products may be unavailable, including hot drinks, promotions, and ice creams/desserts.
Article 7 – Proof of Order
Providing card details and final validation constitutes proof of the Order and payment due.
The Seller archives Orders and invoices on a reliable medium, considered an accurate copy per Article 1360 of the Civil Code.
Electronic records are accepted as proof of communications, Orders, payments, and transactions.
Article 8 – Cancellation and Modification of Orders
8.1 Online Orders
According to Article L.121-20-2 3° of the Consumer Code, right of withdrawal does not apply to perishable goods.
All Orders are final and cannot be canceled after payment and pickup. No merchandise can be returned or exchanged.
Orders may be canceled reasonably before preparation, at the Establishment’s discretion. Refunds are made via the original payment method.
The Seller may cancel any fictitious Order.
8.2 Delivered Orders
Delivery Orders cannot be modified once paid, but may be canceled before a Courier accepts. Once accepted by a Courier, cancellation is not possible.
Article 9 – Product Pickup
Pickup is only possible during opening hours.
Client must present Order number, payment proof, and confirmation email.
A receipt will be issued.
Non-pickup does not entitle refund.
Article 10 – Product Delivery
Delivery is carried out by the Courier in their own name and responsibility.
Client must check packaging and items upon Delivery and may refuse damaged shipments.
Article 11 – Complaints
Questions or complaints for picked-up Products must be made within 24 hours to the Seller.
Delivery complaints via email: info@lecerf.com
Site complaints by mail: LE CERF, 30 rue du Général de Gaulle, 67520 MARLENHEIM, FRANCE
Article 12 – Prices
Prices on the Site are in euros, including VAT.
Prices in other currencies are indicative. Client is responsible for exchange rates.
Telecommunication costs to access the Site are Client’s responsibility.
The Seller may change prices anytime; the price at the time of Order applies. Delivery fees are charged separately.
Article 13 – Payment Methods
Orders are payable using offered methods (credit cards).
Card is debited immediately upon authorization.
Payment commitment via card is irrevocable. Client confirms card ownership and provides full details.
Failure to debit cancels the Order.
Card confidentiality is protected.
Article 14 – Liability
The Seller has an obligation of means only.
The Seller is not liable for material or immaterial damages from misuse of account or Internet risks.
Delivery is the responsibility of the Courier; the Seller is not liable for delivery issues.
Products comply with French law and carry legal warranties of conformity and hidden defects.
Article 15 – Personal Data Protection
Collected data is subject to the establishment’s privacy policy.
For Delivery Orders, some data (name, phone, address) is shared with XXX for billing purposes only.
Article 16 – Alcohol Sales and Minors
16.1 Sale of alcohol to minors under 18 is prohibited. Identification may be requested. By ordering alcohol, the Client confirms being 18+.
16.2 Alcohol abuse is dangerous; consume responsibly. Ordering online waives the buyer’s tasting rights under Article 1587 of the Civil Code.
Article 17 – Intellectual Property
The Site’s structure and content (software, databases, photos, videos, texts, logos, etc.) are the Seller’s property or properly licensed.
Clients may not reproduce, sell, distribute, or use content for commercial purposes. Legal action may follow violations.
Article 18 – Severability
If a clause is invalidated, the rest of the GTC remains effective.
Article 19 – Force Majeure
The Establishment is not liable for failure due to unforeseen third-party actions, force majeure, or incorrect Client details.
Article 20 – Applicable Law – Language
GTC and related operations are governed by French law.
The French version prevails in case of translation disputes.
Article 21 – Dispute Resolution
GTC are subject to French law.
Clients should first contact the Seller to seek an amicable solution.
Unresolved disputes after 1 month go to French courts.
The EU online dispute resolution platform is available: https://webgate.ec.europa.eu/odr/
Clients may also use mediation. Written notification to the restaurant is required before mediation.
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