Terms & Conditions

GENERAL TERMS AND CONDITIONS FOR DISH ORDER

 

These general terms and conditions apply to online orders placed with

 

“Les Terrasses De Moroni”

Company name: Les Terrasses De Moroni

Address: 39 rue de Crimée, Marseille, 13003, France

Phone number: 621216630

E-mail address: elisa.said@yahoo.fr

(hereinafter referred to as the “Restaurant”).

 

These General Terms and Conditions apply to the contract between the Restaurant and you as the customer (hereinafter “you” or the “Customer”) for online orders placed with the Restaurant.

Please read these General Terms and Conditions carefully. If you do not want to be bound by these General Terms and Conditions you cannot place an online order. By placing an online order, you implicitly agree and accept these General Terms and Conditions.

1.                Scope

The Restaurant provides the services and other work exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as “GTC”). These GTC apply to the use of the Food Ordering Tool (hereinafter “FOT”) provided to you. With the FOT, Customers can order food directly from the restaurant website (hereinafter “Online Order”).

 

2.                Subject of the Food Ordering Service

2.1             The Restaurant takes all necessary measures to ensure that the information provided in connection with the Online Order is correct, complete, and reliable.

2.2             All obligations resulting from the Online Order arise directly and exclusively in relation to the relationship between the Customer and the Restaurant.

 

3.                Order Processing/Agreement 

3.1             By placing an Online Order at the end of the ordering process, the Customer offers to enter into a contract with the Restaurant concerned. The contract is then entered into by the Restaurant’s subsequent electronic confirmation of the Online Order.

3.2             If the Online Order includes delivery services, the Restaurant may charge the Customer delivery costs for the Online Order. Any delivery costs incurred will be communicated to the Customer during the ordering process before the Online Order is placed.

3.3             The customer has to ensure that all data provided by him or her and relevant for the execution of the Online Order, in particular contact data and details of the Online Order (date, time, articles and services requested, quantity) are correct and complete. The Customer shall immediately report any inaccuracy of this data, including any payment data provided, to the Restaurant.

3.4             The Customer has to be available for the Restaurant by telephone or e-mail to receive information on the status of or requests regarding the Online Order and delivery.

3.5             If the Online Order includes delivery services, the Customer has to be present at the delivery address provided by the Customer to receive the delivery. If the Online Order includes a pick-up, the Customer has to be present at the above-mentioned address of the Restaurant at the time indicated or, if a different location was agreed with the Restaurant in the Online Order, at that location.

3.6             If the Online Order includes goods for which a certain age is required, the Customer may be required to provide age identification. If the Customer is unable to provide an appropriate identification or does not meet the minimum age required, the Restaurant may refuse to hand over or deliver the goods in question. The Restaurant may charge the Customer reasonable cancellation costs - up to a maximum of the purchase price (including delivery costs, if agreed; excluding VAT).

 

4.                Allergens and Additives

The restaurant may use ingredients and additives for meals and drinks that may cause allergies, allergic reactions, and intolerances. If the Customer is aware of any allergies/intolerances, he or she should contact the Restaurant directly by phone and ask for further information or for a list of allergens and additives.

 

5.                Cancellation of the Order by the Restaurant

5.1             The Online Order placed cannot be changed or cancelled and no complaint can be made via the FOT. If the customer wishes to change or cancel the Online Order or to make a complaint, he or she must contact the Restaurant directly.

5.2             The Restaurant is entitled to cancel an Online Order in justified cases. Such justified cases are: (i) the offer is no longer available, (ii) the phone number or other contact details provided by the Customer are incorrect or do not work, (iii) there are reasonable doubt as to the accuracy or authenticity of the Online Order or the contact details, or (iv) force majeure.

5.3             In the event of a cancellation pursuant to Clause 5.1 or 5.2, the payments made already will be refunded to the account / by the payment method by which they were originally made; in the event of a partial cancellation, they will be refunded proportionally. This applies equally to an agreed change and justified complaints.

5.4             If you culpably violate your obligations under these GTC, the Restaurant reserves the right to reject future Online Orders from you.

 

6.                Right of Withdrawal

6.1   The Customer cannot withdraw from an Online Order with a Restaurant if the subject of the contract is the delivery of goods

(i)     which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (§ 312 g paragraph 2 number 1 BGB (German Civil Code))

(ii)    which can spoil quickly or the expiry date of which would be quickly exceeded (§ 312 g paragraph 2 number 2 BGB);

(iii)   which, if the goods are sealed, are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (§312 g paragraph 2 number 3 BGB);

(iv)   if these have been inseparably mixed with other goods after delivery due to their nature (§ 312 g paragraph 2 number 4 BGB).

6.2             For the part of the Online Order that is not covered by the exemptions set out in Clause 6.1, the Customer is entitled to a right of withdrawal if the Customer is a consumer.

6.3             “Consumer” is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his or her commercial activity nor to his or her independent professional activity.

 

 Information on right of withdrawal

 

You have the right to withdraw from this contract within fourteen days without giving reasons.

The term for exercise the right of withdrawal is equal to fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods.

 In order to exercise your right of withdrawal, you must give us notice by means of a clear statement (e.g. a posted letter, fax or e-mail) about your decision to withdraw from this contract indicating (Les Terrasses De Moroni 39 rue de Crimée, Marseille, 13003, France, phone number: 621216630, e-mail address: elisa.said@yahoo.fr). You can use the attached sample revocation form, which however is not mandatory.

In order to comply with the withdrawal period, it is sufficient to send the notice of exercise of the right of withdrawal before the end of the withdrawal period.

 

Consequences of withdrawal

 

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from you choosing a different method of delivery, deviating from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your withdrawal from this contract. We will use the same means of payment for this refund as you have used for the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for this refund.

You must return or hand over the goods to us without delay and in any case within fourteen days at the latest from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the end of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You will only be liable for a possible loss of value of the goods if this loss of value is due to a handling of the goods which is not necessary for checking their nature, properties, and functioning. 

Sample Withdrawal Form

 

(If you want to withdraw from the contract, please fill out this form and send it back)

  • To Les Terrasses De Moroni 39 rue de Crimée, Marseille, 13003, France, e-mail address: elisa.said@yahoo.fr):
  • I/we hereby withdraw from (*) the contract entered into between me/and (*) for the purchase of the following goods (*)/the provision of the following service (*)
  • Ordered on (*)/received on (*)
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s) (only in case of communication on paper)
  • Date


(*) Delete as applicable. 

7.                Payment

7.1             The execution of a contract between the Customer and the Restaurant in accordance with these GTC gives rise to an obligation on the part of the Customer to pay the stated purchase price (together with stated delivery costs) for the Online Order. The Customer can fulfil his or her obligation by using an available online payment method, or by making the payment via another payment service provider integrated by the Restaurant, or by paying the Restaurant at the agreed place of delivery or at the agreed place of collection.

7.2             Subject to the provisions of these GTC, a (partial) refund of an online payment will be made if the Online Order cannot be delivered or cannot be delivered in full. The refund will be made by the same payment method used by the Customer for the original payment unless a cash refund has been agreed with the Customer.

 

8.                Warranty and Liability

8.1             The Restaurant shall be liable without limitation for wilful misconduct and gross negligence as well as for injury to life, body, or health.

8.2             In the event of a simple negligent breach of material contractual obligations (these are obligations the fulfilment of which enables the proper performance of the contract and on the fulfilment of which the Customer may regularly rely) the Restaurant’s liability shall be limited to the damage the Restaurant could normally have foreseen under the circumstances given at the time the contract was entered into. Any other liability for simple negligence is excluded.

8.3             Liability under the German Product Liability Act and in the event that the Restaurant grants a guarantee remains unaffected. 

8.4             The Customer’s claims for damages shall become statute-barred within one year from the statutory start of the period. This shall not apply to claims arising in the circumstances described in Clause 8.1 above. In these cases, the Customer’s claims shall become statute-barred within the statutory periods of limitation from the beginning of the statutory period.

 

9.                Data Protection

9.1             The Restaurant collects, processes, and uses the personal data of the Customer in accordance with this contract for the provision of the services.

9.2             Details on data protection can be found in the privacy policy.

 

10.             Dispute Settlement

10.1          Complaints by the Customer regarding the restaurant’s offer, the Online Order, the performance of the contract and complaints regarding the FOT are to be submitted to the Restaurant. The sole responsibility for the Restaurant’s offer and the fulfilment of the contract lies with the Restaurant. The Restaurant will acknowledge the receipt of complaints and process them as soon as possible.

 

10.2          Under current legislation, the Restaurant must inform consumers of the existence of the European online dispute resolution platform, which can be used to resolve disputes without the need for judicial intervention. The platform was established by the European Commission. The online dispute resolution platform can be found here: http://ec.europa.eu/odr. The Restaurant does not take part in alternative dispute resolution proceedings before a consumer arbitration board in accordance with the German Consumer Dispute Resolution Act and is not legally obliged to do so.

 

11.             Miscellaneous

11.1          The Restaurant reserves the right to adapt these GTC for future Online Orders. The Customer is free to accept the amended version of these GTC in the event of a future Online Order. If the Customer does not accept the then applicable GTC, Online Orders via the FOT are not possible.

11.2          These GTC and all claims and rights arising from or in connection with them are exclusively subject to German law, excluding the application of the UN Convention on Contracts for the International Sale of Goods (CISG).

11.3          The place of performance is the registered office of the Restaurant.

11.4          If you place the Online Order as a merchant, legal entity under public law or special fund under public law, the place of jurisdiction is the registered office of the Restaurant.

11.5          If any provision of these GTC is or becomes void, invalid, inoperable, or unenforceable in whole or in part (“Invalid Provision”), this shall not affect the validity and enforceability of the remaining provisions of these GTC.

 

Version of: December 2020/AG

Dish Order_B2C_T&C_V3.1_Dec 2020_en