General terms of sales

PREAMBLE

I-/ Definitions

The terms defined below have the following meanings in these General Terms and Conditions of Sale (GTC):

Beneficiary : means the person using the Gift Certificate.

Gift Certificate : means the document containing the offer, the place, the validity number, the validity date, the name of the beneficiary and the description allowing to take advantage of an offer within an establishment. The Gift Voucher can be delivered by post, by collection on site, or by digital means.

Voucher: means the document containing an amount to be spent, the conditions of application, the place, the name of the Beneficiary, the validity number and the validity date. The voucher can be delivered by post, by collection on site or by digital means.

Client : means the person who purchases a Gift Voucher or a Gift Box, it being understood that the Client may or may not be the Beneficiary of the service depending on whether he or she will make personal use of the Gift Voucher and/or Gift Box or whether the Gift Voucher and/or Gift Box is intended for use by another Beneficiary.

Gift Box: means the packaging in the context of a postal delivery.

A Gift Box is composed of the following elements:

– A voucher and/or Gift Certificate with the description of the service

– An envelope in which the Gift Certificate is packaged.

In the digital version, only an email will allow the printing of the Gift Voucher or the Gift Certificate.

The Gift Boxes thus defined are declined in various thematic universes such as, for example, “Gift Certificate”, “Box”, “Gift Certificate”.

SAS EZIA reserves the right to add to the list of Gift Boxes available for sale or to stop distributing them at its sole discretion and at any time.

Personal data: means any information that allows, especially on the Internet, to directly or indirectly identify a natural person (last name, first name, email address).

Establishment: refers to the company issuing the Gift Certificate which ensures the collection, invoicing, delivery follow-up, compliance of the service and all the obligations relating to the offer, it being specified that this company may subcontract part of the services provided for in the Gift Box to another provider.

Payplug: refers to the company that ensures the security and payment of bank transactions.

Service: refers to the entire offer provided by the establishment to the Beneficiary. It is the service provided by the establishment to the Beneficiary among the selection of offers contained in the Website, subject to the availability of the establishment on the dates chosen by the Beneficiary.

Site: refers to the Site https://www.ezia-restaurant.fr/

II-/ General Sales Conditions (GSC)

The Establishment offers online Gift Vouchers and Vouchers to be ordered with payment obligation, elaborated under the URL: https://www.ezia-restaurant.fr/, SAS EZIA, SAS, with a capital of 50 000,00 Euros, whose head office is located at 17 rue de Chambord 41350 Montlivault (France), registered at the RCS BLOIS under the number 913 548 244.

The Customer is invited to carefully read the entirety of these General Terms and Conditions of Sale (GTCS) which define the terms and conditions under which the sale of Gift Certificates is carried out by SAS EZIA.

ARTICLE 1: APPLICATION AND ENFORCEABILITY

Any order placed by the Customer implies his unreserved acceptance and full and complete adherence to these GTC.

The Customer thus acknowledges having read the GTC prior to his order.

These General Terms and Conditions of Sale apply only to orders for Gift Vouchers or Gift Certificates placed on the website https://www.ezia-restaurant.fr/, directly by phone: +33 2 54 20 62 30, or at the reception desk of the establishment.

SAS EZIA reserves the right to modify these Terms and Conditions at any time. In this case, the new conditions will apply to any new order, as well as to all current operations, from the date they are brought to the attention of the Customer by any means. The present General Terms and Conditions of Sale are valid as of June 1, 2022. They cancel and replace from this date, all previous versions of these conditions.

The Customer declares to have the legal capacity in accordance with article 1145 and following of the Civil Code to contract and use the Site in accordance with the General Terms and Conditions of Sale and use of the Site.

These GTC are intended to govern the relationship between SAS EZIA and the Customer, in addition to any written Contract and on all issues that have not been agreed in writing, under the conditions provided in Article 2 below.

These GTC take precedence over any other document issued by the Client, in particular any Purchasing Terms and Conditions, unless expressly agreed otherwise in advance by the Establishment. The fact that the Establishment does not avail itself of the Contract and/or these GTC at a given time shall not be interpreted as a waiver of its right to do so at a later date.

ARTICLE 2: FORMATION OF THE CONTRACT AND PROCESS FOR PLACING ORDERS

The Client places orders for Gift Boxes directly :

• by Internet on the Site: https://www.ezia-restaurant.fr/,
• at the establishment.

The procedure for placing orders on the Site includes the following steps:

• Selection on the Site of one or more Gift Boxes added to the basket,
• Following this selection, display of a summary known as the “basket” showing all the choices and the total price of the Gift Boxes selected,
• Creation of the customer account to allow the authentication of the customer and the connection to the account,
• Entering the Beneficiary on the Gift Voucher or the Gift Certificate, then entering a possible personalized message,
• Selection of the mode of delivery and the address of delivery,
• Display of a summary of the basket allowing the Customer to check the details of his order and thus to make the modifications which he considers useful, to choose his means of payment, to record his order and to accept the present GCS by a “first click”,
• Registration of the Customer’s order after its last validation, that is to say after a “second click” on “Validate and Pay”,
• Validation of payment by the customer by credit card via a secure interface generated by Payplug. Once the payment is validated, the order is final and an email confirming the order and summarizing all the elements related to it will be sent to the Customer,
• After confirmation of the order, the Customer will have access to his account, allowing him to track his orders.

ARTICLE 3: CONDITIONS OF USE OF GIFT VOUCHERS

Article 3.1 : In the event that the Customer is not a Beneficiary of the Gift Voucher or Gift Certificate, the Customer is invited to inform the Beneficiary of the conditions set out below.

Article 3.2 : For the Gift Certificate to be valid, it must be validated. To do so, the Customer must contact SAS EZIA at the following number: +33 2 54 20 62 30.

Except in the case of online reservations, the service will be delivered after the establishment has checked the validity of the Gift Certificate and the full payment of the Gift Certificate. This control implies the validation of the number of the Gift Certificate by the establishment to verify the effective activation of this one.

Article 3.3 : Only the presentation of the original of the Gift Certificate received by post or printed from the email gives right to a service.

Article 3.4 : The Gift Box is valid according to the dates and days SAS EZIA is open, subject to availability by SAS EZIA.

Article 3.5 : The Client acknowledges that the services of the Gift Box do not include transportation to the place of service of the selected establishment.

Article 3.6 : The photographs presented in the Gift Box are not contractual. Any reproduction, whether partial or complete, is prohibited and may result in legal proceedings.

Article 3.7 : In the event that the Establishment has subcontracted to another service provider part of the execution of the service on behalf of the Client, the delivery of the Service is subject to the specific conditions of this service provider, notably in terms of cancelling or modifying the reservation, the age limit and the physical conditions of the Beneficiary or Beneficiaries.

Article 3.8 : In this case, the service provider, who has been entrusted with the execution of the service on behalf of the Client, is solely responsible for the proper execution of this service. SAS EZIA will nevertheless make its best efforts to try to find an amicable solution to the conflict between the establishment and the Beneficiary.

Article 3.9 : In the event of non-use within its period of validity, loss, theft or destruction of the Gift Box, the Beneficiary shall not be entitled to a refund or compensation of any kind. However, we invite the Beneficiary who would be unable to use his Gift Certificate or Gift Voucher within the period provided to contact SAS EZIA.

In the context of the use of the Gift Box, the Beneficiary declares that he/she has sufficient insurance coverage, in particular for the practice of certain sporting activities. The Beneficiary is reminded that the provision of services in good safety conditions does not exempt him/her from observing the basic rules of caution for sporting activities, particularly those known as “risky”. The Beneficiary alone accepts the risks as a result and discharges SAS EZIA from any liability in this regard.

ARTICLE 4: OBLIGATIONS OF THE ESTABLISHMENT

SAS EZIA declares that it holds professional liability insurance relating to the provision of services and that it possesses all the authorizations and accreditations enabling it to carry out its activities in a regular manner and in compliance with the applicable legal and regulatory provisions.

ARTICLE 5: PRICES AND PAYMENT CONDITIONS

Article 5.1 : Prices

SAS EZIA reserves the right to modify its prices at any time, it being specified that the price of the gift boxes displayed on the Site is the one in effect on the day of the order.

In accordance with tax ruling No. 2007/31 of September 18, 2007, the marketing of Gift Boxes is not subject to VAT in relations with consumers.

In the event of delivery of the Gift Boxes, shipping costs, as defined in article 8.4, may be charged in addition to the cost of the services, it being specified that the amount of these costs will be indicated before the final validation of the order.

It is specified that shipping costs are subject to VAT at the standard rate.

Article 5.2 : Conditions and method of payment

The payment of the order can be made by credit card according to the choice of cards proposed in the page of payment by indicating directly in the zone envisaged for this purpose: the number of card, its date of validity, as well as its control code located at the back of the card. The total amount of the order will be debited from the credit card on the day of the order. SAS EZIA reserves the right to suspend any processing of the order and any delivery in case of non-payment or refusal of payment authorization by your bank. The Website allows the Customer to transmit his bank details in a confidential and secure manner when ordering (secure entry by SSL encryption) through the Payplug service.

ARTICLE 6: METHODS OF EXERCISING THE LEGAL RIGHT OF WITHDRAWAL

In accordance with article L. 221-18 of the French Consumer Code, the Customer has a period of 14 (fourteen) days from the day of receipt of the gift box containing the ordered products, to exercise his legal right of withdrawal without having to justify his decision.

Article 6.1 : Order dated

In accordance with article L. 221-28 12° of the French Consumer Code, the above-mentioned right of withdrawal does not apply to “services of accommodation, other than residential accommodation, services of transport of goods, car rental, catering or leisure activities which must be provided on a specific date or period”.

Thus, if the customer has chosen the dates for the use of the Gift Voucher or Gift Certificate, the customer cannot exercise the right of withdrawal in accordance with article L. 221-28 12° of the French Consumer Code.

Article 6.2. Personalized gift voucher

In accordance with article L. 221-28 3° of the French Consumer Code, “The right of withdrawal cannot be exercised for contracts: (…) 3° for the supply of goods made to the consumer’s specifications or clearly personalized”.

Article 6.3. Consequences of exercising the legal right of withdrawal

SAS EZIA provides the Customer with a withdrawal form accessible by following this link.

If the products can be the subject of the legal right of withdrawal, the Customer exercising this right under the conditions provided for in this article in terms of time and methods, may obtain:

• a refund of the returned products.

It is specified that the right of withdrawal also applies to the sale of goods and services that have been the subject of a discount by SAS EZIA.

The reimbursement of the value of the Gift Voucher or Gift Certificate will take place within 60 days from the receipt of the products that have been subject to the right of withdrawal.

In the event of delivery of the Gift Boxes, shipping costs have been invoiced, as defined in Article 8.4, it being specified that the amount of these costs are not reimbursed.

The cost of returning the Gift Boxes remains at the Client’s expense.

Only Gift Boxes returned within the time limit, in their original packaging and in perfect condition may be refunded.

The Gift Boxes must be returned to the following mailing address

SAS EZIA, 17 rue de Chambord 41350 Montlivault (France).

ARTICLE 7: PROOF OF ORDERS/ARCHIVING

The Customer is expressly informed that, except in the event of an obvious error for which he/she must provide proof, the data stored in SAS EZIA’s databases have evidential value with respect to orders placed.

The data on computer or electronic media kept on a regular basis constitute admissible and opposable evidence in the same terms and with the same probative force as any document that would be received and kept in writing.

ARTICLE 8: DELIVERY

Article 8.1 : Availability of Gift Certificates

The Gift Vouchers and Gift Certificates offered by SAS EZIA are products published in limited quantities, on the one hand because of the limited capacity of the reception and on the other hand because of the limited validity period of these services.

In case of temporary or permanent stock shortage, the Customer will be informed by the Establishment of this unavailability and the order will not be completed.

In case of availability of the products, SAS EZIA will do its best to honor any order of Gift Certificates from the Customer.

In the event that the Establishment has entrusted part of the execution of the service included in the Gift Box to another service provider and if an order cannot be honored due to a stock shortage or for any other reason, the Client shall have the option of cancelling his order. Subject to making the request by registered letter with acknowledgment of receipt to the Establishment within 48 hours of being informed of the inability to honor the order, the customer will then be reimbursed for all sums paid, at the latest within 60 days from the date of receipt of the cancellation of the order by the Customer.

Article 8.2 : Place of delivery

SAS EZIA ships the Gift Boxes in France.

The Gift Boxes are delivered to the address indicated by the Client when entering the order. SAS EZIA shall therefore not be held liable in any way whatsoever in the event of the Client’s absence at the time of delivery or in the event of an input error by the Client when placing the order. It is the Customer’s responsibility to contact SAS EZIA under the conditions set out in Article 10.

Article 8.3 : Delivery method and delivery time

• Delivery shall be made within a maximum of 15 days from the date the Customer places the order.

However, in the event of a manifest delay, SAS EZIA undertakes to take all necessary steps to check and then resolve any malfunction of the transport service that is attributable to it.

A Gift Certificate can be sent to a Beneficiary by the Customer in the form of a digital delivery. To do this, when ordering, the Customer checks the box “electronic delivery” which then delivers the Gift Certificate in a PDF format that can be downloaded by the Beneficiary. The Beneficiary must then print it in order to present it at the reception of the establishment for the delivery of the service.

Article 8.4 : Shipping costs

Shipping costs are fixed and are invoiced in addition to the price of the Gift Boxes as follows:

Delivery by simple postal sending – 8.00 € per box.

These rates may be updated at any time depending on the rates of the delivery service providers.

ARTICLE 9: NON-CONFORMITY

Article 9.1: Reservations to be made to the carrier and to the Establishment for deterioration and/or any missing product.  Any Gift Box delivered must be carefully checked by the Client and any reservations must be made on the carrier’s slip in the event of partial or total deterioration of said Gift Box.

The Client must also indicate and justify his or her reservations to the carrier and the Establishment by registered letter with acknowledgement of receipt, within 48 hours of receiving the disputed Gift Box.

In the absence of reservations, the Gift Box is deemed to have been delivered complete and in perfect condition and may not be the subject of any subsequent dispute with the Establishment.

Article 9.2 : Gift Box error

The Client must formulate any error relating to the Gift Boxes ordered by registered letter with acknowledgement of receipt addressed to the Establishment, within 48 hours of receiving the order.

Any claim not made in accordance with the rules of this article and within the time limits set shall not be taken into account and shall release the Establishment from any liability towards the Client.

ARTICLE 10: TRANSFER OF OWNERSHIP / TRANSFER OF RISKS

The transfer of risks is established at the time of delivery of the Gift Box(es) by the Establishment to the carrier in charge of delivery, notwithstanding the reservation of ownership stipulated for the benefit of SAS EZIA in these GTC.

ARTICLE 11: CUSTOMER SERVICE-COMPLAINTS

Any request for information by the Customer must be sent to SAS EZIA

• either by phone at +33 (0)2 54 20 62 30
• or by email: contact@ezia-restaurant.fr
• or by registered letter with acknowledgement of receipt to the following address SAS EZIA, 17 rue de Chambord 41350 Montlivault (France)

ARTICLE 12: INTEGRITY OF THE CONTRACT – MODIFICATION OF THE CONTRACT

The fact that SAS EZIA does not avail itself at a given time, either temporarily or permanently, of one of the clauses of these GTCs may not be interpreted as a waiver, on its part, of the right to avail itself of one of the said conditions at a later date.

Any amendment, termination or waiver of any of the clauses of the GTC shall be valid only after express written agreement validated between the Parties.

ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS

The brand of the Establishment as well as all the figurative or non figurative brands and more generally all the other brands, illustrations, images and logos appearing on the Gift Vouchers, the Gift Certificates and the Gift Boxes, their accessories and their packaging, whether they are registered or not, are and will remain the exclusive property of the Establishment

Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior agreement of the Establishment, is strictly prohibited and will be liable to recourse by the latter.

The same applies to any combination or conjunction with any other trademark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models and patents which are the property of the Establishment.

ARTICLE 14: CONFIDENTIALITY OF PERSONAL DATA

All personal data collected by SAS EZIA, by any means whatsoever, are for the exclusive use of the Establishment.

In accordance with Article 34 of the French Data Protection Act 78-17 of January 6, 1978, as amended, and the General Data Protection Regulation (EU Regulation 2016/679) or “RGPD”, the Customer has the right to access, modify, rectify and delete data concerning him/her.

To exercise these rights, the Client may contact the Establishment by e-mail at the following address: contact@ezia-restaurant.fr

In order to have more information about the collection and processing of personal data by SAS EZIA, the Customer can consult the Privacy Policy of personal data on our Website https://www.ezia-restaurant.fr/, by referring to the section “Privacy Policy”.

ARTICLE 15: FORTUITOUS EVENT – FORCE MAJEURE

The performance by the Establishment of its obligations under these GTC shall be suspended in the event of the occurrence of an act of God or force majeure in accordance with Articles 1218 and 1351 of the Civil Code, which would hinder or delay the performance thereof.

The Establishment shall notify the Client of the occurrence of such an act of God or force majeure within 45 days from the date of occurrence of the event.

If the suspension of the performance of the Establishment’s obligations continues for a period of more than 90 days from the date of confirmation of the date chosen by the Establishment for the performance of the service, the Customer may cancel the current Order and the Establishment shall then refund the entire Order in accordance with the conditions set forth in Article 8.

ARTICLE 16: INVALIDITY

If any of the stipulations of the present GTCs were to prove null and void with regard to a rule of law in force or a judicial decision that has become final, it would then be deemed unwritten, without entailing the nullitý of the present GTCs, nor altering the validitý of its other provisions.

ARTICLE 17: APPLICABLE LAW

The applicable law is French law for all disputes relating, in particular, to the validity, interpretation, execution or termination of these GTCs and related contracts.

ARTICLE 18: COMPETENT JURISDICTION (SETTLEMENT OF DISPUTES)

In application of law n°2016-301, the Beneficiary may, if he/she so wishes and without this being obligatory, have recourse to the consumer mediator concerning disputes arising from consumption, whose contact details are as follows  MTV Médiation Tourisme Voyage – BP 80 303 – 75 823 Paris Cedex 17 – https://www.mtv.travel

The Customer may also contact a mediation organization: MTV Médiation Tourisme Voyage.

Before referring the matter to this body, the Customer must write to the restaurant concerned by registered mail with acknowledgement of receipt.

To refer the matter to the mediation body, the Customer must fill in a complaint form available on the website https://www.mtv.travel/je-saisis-le-mediateur and follow the steps indicated on the website.

The competent court will be the Commercial Court of Blois in the case of a dispute between merchants and similar persons (companies, branches, etc.) and will be that of the defendant’s place of residence in the case of a dispute with a consumer or, at the choice of the plaintiff, the place of actual delivery of the Gift Box in other cases.