PREAMBLE
La Route des Gourmets brand is owned by the company Carole Metayer, whose head office is located at 55 rue Pierre Emile Lesacq 95110 SANNOIS, France, registered under SIRET no. 788696557.
La Route des Gourmets designs and markets its own culinary itineraries under the term «strolls and guided tours» on the theme of French gastronomy, in France.
We invite you to read carefully and in their entirety the present General Terms and Conditions of Sale which define the terms and conditions under which La Route des Gourmets markets these «Walks and guided tours» as well as the Conditions of use of the Site.
Acceptance of these conditions is essential before carrying out any of the following actions: (i) accessing or using the Site for any reason, (ii) acquiring, receiving or using a service, (iii) giving the order number to one of the Partners in order to receive services. By performing any of the above actions, you signify your unreserved acceptance of these terms and conditions in their entirety.
I-/ Definitions
In these General Terms and Conditions of Sale, the following terms shall have the following meanings:
Services: Services designed and operated by La Route des Gourmets, such as «guided walks and tours», as well as services provided by a partner, such as «workshops, cooking classes, tasting menus» (non-exhaustive list). In this respect, La Route des Gourmets reserves the right to add to the list of all services or to cease to publish them at its sole discretion and at any time.
User: refers to the person browsing or connecting to the Site, without necessarily being a Customer or a Beneficiary.
Partner: refers to the service provider selected by La Route des Gourmets who provides the Service to the Beneficiary.
Beneficiary: designates the person using the product(s) marketed.
Service: designates the service provided by the Partner to the Beneficiary from among the selection of offers proposed on the Site, subject to the availability of the Partner on the dates chosen by the Beneficiary.
Customer: designates the person who purchases a product marketed by La Route des Gourmets, it being understood that the Customer may or may not be the Beneficiary of the Service, depending on whether he/she makes personal use of the product or offers it as a gift.
Party(ies): designates the Customer and/or La Route des Gourmets.
Personal data: refers to any information that makes it possible, particularly on the Internet, to identify a natural person directly or indirectly (surname, first name, e-mail address, etc.).
Cookies: refers to small files sent to the hard disk of the User’s computer with the aim of facilitating browsing on the Site and proposing the pages that best correspond to the User when he/she returns to the Site.
Site: refers to the Internet Site accessible under the url http://www.laroutedesgourmets.fr, http://www.laroutedesgourmets.com or http://www.laroutedesgourmets.eu.
II-/SCOPE OF THESE TERMS AND CONDITIONS OF SALE
The «Balades, circuits, Routes et Ateliers à Thème» (Theme Walks, Tours, Routes and Workshops) developed by La Route des Gourmets are offered online at the following URL: http://www.laroutedesgourmets.fr. The purchase of these services is reserved for users who have first read and understood the Terms and Conditions in their entirety by clicking on the hypertext link provided for this purpose, and who have accepted them by ticking the appropriate box. These General Terms and Conditions of Sale apply to all orders placed on the Site or by telephone on +33 (0) 1 39 47 32 79 from Monday to Friday from 9:00 am to 7:00 pm and on Saturday from 10:00 am to 6:00 pm, excluding public holidays.
These General Terms and Conditions of Sale are valid from December 1st 2012. La Route des Gourmets reserves the right to modify these General Terms and Conditions at any time, without prior notice, it being understood that such modifications will be inapplicable to orders previously accepted and confirmed by La Route des Gourmets. All Customers declare that they have the legal capacity in accordance with Article 1124 of the French Civil Code to contract and use the Site in accordance with the General Terms and Conditions of Sale and Use of the Site.
ARTICLE 1: ORDERING PROCESS AND CONTRACT FORMATION
You can place your orders directly by Internet on the Site: http://www.laroutedesgourmets.fr or by telephone: (+33 (0) 1 39 47 32 79 from Monday to Friday from 9:00 am to 7:00 pm and on Saturday from 10:00 am to 6:00 pm, excluding public holidays.The procedure for placing orders on the Site includes the following stages:
– Selection on the Site of one or more products or services.
– Following this selection, a summary showing all the choices and the total price of the «Theme Walks, Tours, Routes and Workshops» selected, your contact details, any shipping costs and your method of payment, will enable you to check the details of your order and make any necessary changes, before your order is finally registered.
– Your «first click» will register your order, subject to your express acceptance of these General Terms and Conditions of Sale.
– Your order will not be registered until your final validation, which will take the form of your «second click».
– In the case of payment by credit card, this «second click» will correspond to the moment when your bank details are recorded. However, your contract will only be definitively concluded once your bank has accepted your payment;
– In the event of payment by cheque, the contract will only be definitively concluded on receipt of the cheque by La Route des Gourmets, within fifteen days of registration of the order on the Site.
– Once your order has been definitively validated (as evidenced by your «second click» in accordance with law 2004-575 for confidence in the digital economy), we will send you an e-mail confirming your order and summarizing all the elements relating to it. By printing and/or keeping this e-mail, you will have proof of your order.
ARTICLE 2: CONDITIONS OF USE OF SERVICES
2.1: In the event that you are not the Beneficiary of the services, you are invited to inform the Beneficiary of the conditions set out below.
2.2: Only the presentation of the confirmation e-mail or the Order number to the Partner entitles the Beneficiary to the performance of the Service.
2.3: The order form is only valid for the service described on the order form.
2.4: The order form is only valid for the time, date and duration indicated on the order form.
2.5: Services may or may not include transport to the location of the selected Partner’s Service.
2.6: Photographs presented on the site or any other communication medium are not contractual. Reproduction in whole or in part is prohibited.
2.7: Delivery of the Service will take place after the validity of the Order Form has been checked by the Partner.
2.8: Delivery of the Service is subject to the specific conditions of the selected Partner, notably in terms of cancellation or modification of the reservation, age limit and physical condition of the Beneficiary(ies).
2.9: The Partner is solely responsible for the proper execution of the Service. La Route des Gourmets will nevertheless make its best efforts to find an amicable solution to any dispute between the Partner and the Beneficiary. In any event, the distributor may not be held liable for the performance of any Service.
2.10: In the event of non-use or no-show by the Customer, the Beneficiary may not claim reimbursement or compensation of any kind whatsoever.
2.11: The Partners selected by La Route des Gourmets have declared to La Route des Gourmets that they hold professional liability insurance for amounts that are known to be sufficient for the provision of the Services, and that they possess all the authorizations and diplomas that enable them to carry out their activities in a regular manner and in compliance with the applicable legal and regulatory provisions. However, the Beneficiary is invited to check that he/she has sufficient insurance cover.
2.12: La Route des Gourmets may terminate its relationship with one or more Partners during the period of validity of the Purchase Order, in order to ensure, in particular, an optimum level of quality for the Services. Consequently, La Route des Gourmets will inform the Beneficiary of the Purchase Order directly of any changes made to the website and to the order. La Route des Gourmets will use its best endeavours to offer the Beneficiary an activity equivalent to that initially chosen and which no longer appears on the website.
ARTICLE 3: PRICES AND TERMS OF PAYMENT
Article 3.1: Prices
The prices of the services displayed on the Site are those in force on the day the order is placed.Different types of rates may be offered depending on the services and the period selected.La Route des Gourmets reserves the right to modify prices at any time, but services will be invoiced on the basis of the rate in force at the time the order is placed.The company is not subject to VAT, in accordance with article 293B of the French General Tax Code. Order forms remain the property of La Route des Gourmets until full and final payment has been received.Article 3.2 : CurrencyPrices are expressed in euros, inclusive of all taxes. All orders, whatever their origin, are payable in euros.
Article 3.3 : Terms of payment
Payment for your order may be made by cheque, credit card or cash, as follows:By credit card (Carte Bleue, Visa, Eurocard/Mastercard, Amex), indicating the card number, validity date and control code on the back of the card in the appropriate field. The full amount of the order will be debited from the credit card on the day the order is placed. La Route des Gourmets reserves the right to suspend the processing of any order in the event of refusal to authorize payment by your bank. The Site enables you to transmit your bank details confidentially and securely when you place your order (secure entry by SSL encryption).By bank cheque issued by a French bank, cleared in a French bank only, payable to «Carole Metayer». The cheque should be sent to the following address: La Route des Gourmets 55 rue Pierre Emile Lesacq 95110 SANNOIS, mentioning the order number on the back of the cheque. Failure to mention this number may result in the order not being validated, or even being cancelled. In the latter case, your cheque will be returned to you.
ARTICLE 4 : CANCELLATION AND REFUNDS POLICY
Orders are considered as confirmed upon reception of the payment.
Cancellation on the part of the customer:
- For orders with a fixed date:
Clients can postpone or cancel the booking by sending a written request to La Route des Gourmets by e-mail
– Cancellation more than 3 weeks before the date of the activity: full refund of your payment
– Cancellation more than 2 weeks before the date of the activity: 50% refund of your payment
– Cancellation less than 7 days before the date of the activity: no refund - For orders without fixed dates (gift vouchers):
– Gift vouchers are valid for a period of 1 year from the date of purchase
– Gift vouchers are not refundable
Cancellation on the part of LA ROUTE DES GOURMETS:
La Route des Gourmets allows itself the right to postpone or cancel any service if one of its partners postpones the service. In that case, payment will be fully refunded.
In accordance with Article L. 211-14-III of the French Tourism Code (Code du tourisme), no compensation is due in case of cancellation of the activity due to exceptional circumstances or an insufficient number of participants if requested for the performance of the activity.
Minimum number of participants: we may postpone or cancel your booking if the minimum of 2 visitors is not reached. If you are not available at any other date, we will proceed to refund.
Case of Force Majeure: La Route des Gourmets can be cleared of its obligations or can suspend their execution if the company finds itself in the impossibility of assuming them due to a case of Force Majeure such as bad weather, strike, transportation or traffic obstructed, disaster affecting the facilities of La Route des Gourmets…
ARTICLE 5: PROOF OF ORDERS/ARCHIVING
You are expressly informed that, except in the event of a manifest error for which you would provide proof, the data stored in the La Route des Gourmets databases have evidential value with regard to orders placed. The data on computer or electronic media regularly stored constitute admissible and opposable proof in the same terms and with the same evidential value as any document that would be received and stored in writing.
ARTICLE 6: AVAILABILITY OF SERVICES AND TRANSMISSION OF ORDER FORM
Article 6.1: Availability of services
The services are dematerialized and offered in limited quantities, due to the limited capacity of the Partners and the limited validity of these services. Furthermore, reservations for tourist services are made in real time. In this context, the Site informs the User in real time of the availability of services when the order is placed. However, if an order cannot be honoured due to the unavailability of a Partner not subsequently communicated to La Route des Gourmets, La Route des Gourmets undertakes to:Either offer the service on another dateOr offer an equivalent service on the same date or on another date depending on the availability of the Partner and the customerOr cancel the order if the duration of the User’s stay in France does not allow him/her to accept another available date. The User will then be reimbursed for all sums paid, within 30 days of their payment at the latest;
Article 6.2 : Order form transmission
We remind you that order forms are issued by e-mail and are not subject to any additional delivery charges.Furthermore, when registering on the Site to place an order, the User provides an e-mail address. It is the User’s responsibility to provide a valid email address. La Route des Gourmets cannot be held responsible if the email address provided does not work, and if the User has not received confirmation of the order form. However, in the event of an error in the email address, the User may rectify the information and ask La Route des Gourmets to return the order form.
ARTICLE 7: CUSTOMER COMPLAINTS
All complaints should be sent to the following address: LA ROUTE DES GOURMETS 55 rue Pierre Emile Lesacq 95110 SANNOIS France.
ARTICLE 8: TRANSFER OF OWNERSHIP/TRANSFER OF RISK
The transfer of ownership and risks will take place at the time the order form is delivered to the Customer by e-mail.
ARTICLE 9: NON-CONFORMITY OF SERVICE
Within 10 days of the completion of the Service, the User or Beneficiary may request compensation by means of a credit note, in the event that the Service consumed does not comply with the description on the Internet. This credit note will cover the difference in value between the Service consumed and that described in the product description. The value of the credit note will be determined after a quality control has been carried out with the Partner. For any request for information relating to this compensation for non-conformity of the Service, please contact customer service on +33 (0) 1 39 47 32 79 (price of a local call) from Monday to Friday from 9am to 7pm and Saturday from 10am to 6pm, excluding public holidays.
ARTICLE 10: VALIDITY DATE OF SERVICES
Services have a limited use date specified on the order form. For gift vouchers, the validity date is set at 1 year from the order date.
ARTICLE 11: CUSTOMER SERVICE – COMPLAINTS
All other requests for information and clarification concerning, in particular, the purchase, exchange or operation of La Route des Gourmets, must be addressed to La Route des Gourmets:either by telephone on +33 (0) 1 39 47 32 79 (price of a local call) from Monday to Friday, from 9:00 am to 7:00 pm and on Saturday from 10:00 am to 6:00 pm excluding public holidaysor via our Internet site http://www.laroutedesgourmets.fr by referring to the «Contact» sectionor by post, to the following address: Service Réclamation La Route des Gourmets-55 rue Pierre Emile Lesacq 95110 SANNOIS.
ARTICLE 12: PROTECTION OF PERSONAL DATA
La Route des Gourmets respects the privacy of the User and the protection of the information transmitted to it, and complies with current legislation on the protection of privacy.The http://www.laroutedesgourmets.fr website is regularly registered with the CNIL under number 1631477.La Route des Gourmets informs you that it may collect the necessary personal data concerning you when you place your order, when you request verification of the validity of your Gift Box or E-box, or when you use it. With the exception of the email address collected at the time of your request to check the validity of your Gift Box or E-box, the data collected is processed by La Route des Gourmets for the purposes of recording and processing orders, managing your customer account, marketing studies, statistics and sales prospecting. By subscribing to the Newsletter, all Users of the Site may receive information by e-mail, enabling them to get to know the Site better, make better use of it and learn more about the offers made by La Route des Gourmets.
For subcontracting purposes, some of this data may be transferred outside the European Union, this transfer being governed by provisions in line with those established by the European Commission on data protection.All Users will have the possibility of objecting, free of charge, apart from those linked to the transmission of the refusal, to the use of their contact details when these are collected and each time a canvassing letter is sent to them. Subject to having obtained your prior consent, your data may be transferred to third parties, and in particular to La Route des Gourmets’ commercial partners, who may send you commercial prospecting mail. In accordance with the provisions of the French Data Protection Act no. 78-17 of January 6 1978, as amended, you have the right to access, rectify and delete your personal data, and the right to object to its use. To do so, please write to the following address: La Route des Gourmets, 55 rue Pierre Emile Lesacq 95110 SANNOIS.
Cookies:The User is hereby informed that the Site uses Cookies designed to be used solely by La Route des Gourmets.each time the User connects to the Site, Cookies are used to record the following information, for example: the type and version of the User’s browser, the dates and times of visits, and the history and content of orders, including those that have not been finalized. To take full advantage of the Site’s functionalities, it is therefore preferable for the User to set his/her Internet browser (e.g. Internet Explorer, Mozilla Firefox, Safari) to accept cookies. Most Internet browsers allow the User to configure Internet and security options or preferences in order to refuse or deactivate cookies, or to obtain a message informing the User that cookies have been sent.
ARTICLE 13: LIABILITY
La Route des Gourmets acts as a business introducer by proposing to Customers services enabling them to benefit from a Service proposed and executed by one of the Partners, selected by La Route des Gourmets. The liability of La Route des Gourmets is therefore limited to that of a business introducer for all the services proposed on the Site. La Route des Gourmets may not be held liable if the non-performance or improper performance of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party unrelated to the provision of the contracted Services, or to a case of force majeure.Unless otherwise provided for by law, La Route des Gourmets may not be held liable in the event of damage caused by the Customer to the Partner or by the Partner to the Customer. The Partner therefore undertakes to indemnify La Route des Gourmets against any claim for compensation from a Customer.
ARTICLE 14: INSURANCE
La Route des Gourmets has taken out civil and professional liability insurance with a well-known insurance company, covering in particular the financial consequences that may fall to the insured party as a result of bodily injury, material and immaterial damage caused to the Beneficiary as a result of faults, errors of fact or law, omissions or negligence committed in the course of its activity as an issuer of tourist services.
ARTICLE 15: INTELLECTUAL PROPERTY
The elements making up the «Balades, circuits, Routes et Ateliers à Thème» tourist services, notably in the form of texts, photographs, images, icons and logos, are the full and exclusive property of La Route des Gourmets. It is strictly forbidden to reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the elements mentioned in the previous paragraph without the prior written permission of La Route des Gourmets.
ARTICLE 16: INTEGRITY OF THE CONTRACT
The fact that La Route des Gourmets does not avail itself at a given time of one of the clauses of the present General Terms and Conditions of Sale may not be interpreted as a waiver, on the part of La Route des Gourmets, of its right to avail itself at a later date of any of the said conditions. In the event that one of the present provisions should be declared null and void or deemed unwritten, the validity of the other provisions of the General Terms and Conditions of Sale will not be called into question.
ARTICLE 17: APPLICABLE LAW
The law governing the present General Terms and Conditions of Sale and the contract entered into in connection with an order for services shall be French law for all disputes relating, in particular, to their validity, interpretation, performance or termination.
ARTICLE 18: COMPETENT JURISDICTION (SETTLEMENT OF DISPUTES)
The competent court in the event of a dispute shall be that of the defendant’s place of domicile.