General terms and conditions of sale
View here the general sales conditions of invitations, e-invitations, gift boxes and
Exclusive Restaurants guide
The Exclusive Restaurants Invitation Restaurant, The Exclusive Restaurants E-invitation, The Exclusive Restaurants Gift Box, Exclusive Restaurants gift products and the Exclusive Restaurants guide, are sold in Euro by Media Menus SAS, 44 560 € capital, whom the headquarters established 8 Place Boulnois, 75017 Paris (France) RCS Paris B 402 003 404, VAT Number FR 43 444 336 317, herinafter « Exclusive-Restaurants/Media Menus » phone : 00 33 (0)1 42 63 48 18 Fax : 00 33 (0) 1 42 63 48 20
The hereby General Terms and Conditions of Sale apply to the sales of the following products: Invitation Restaurant, E-Invitation, Gift Box and Guide of the Exclusive Restaurants brand, registered trademark by Media Menus, in France and Worldwide.
Article 1 – Scope and Acceptancy
The general terms and conditions of sale are published online and may be downloaded by the customer when placing an order. The General Terms and Conditions of sale may be sent by mail, email of fax on request to any customer. By placing an order the customer fullly accepts with no exception or reserve the entire Terms and Conditions of Sale. Are excluded any other documents such as advertissments and catalogs that have only a value for reference. The Gerneral Terms and Conditons prevail at all times. No special condition may apply, unless formal written approval is provided by Exclusive-Restaurants/Media Menus. Any term to the contrary relied on by the customer may therefore not, absent such express acceptance, be set up against Exclusive-Restaurants/Media Menus, at any times under any circumtance. If Exclusive-Restaurants/Media Menus does not invoke one of the provisions of the General Terms and Conditions of Sale at any one moment, this must not be interpreted as a cession of the right to invoke it at a later date.
Article 2 – General Terms and Conditions of Sale applicable to Invitation Restaurant orders
These General Terms and Conditions of Sale apply to all orders placed by customers (by phone or online) and only apply to Invitations Restaurants, E-Invitations, Gift Boxes and the Guide, sold by Exclusive-Restaurants/Media Menus under the trademark Exclusive Restaurants. The information provided by the customer when placing an order, commits him: In case of mistake in the beneficiary's or recipient's name or address of the Invitation Restaurant, E-Invitation, Gift Box or Guide, Exclusive-Restaurants/Media Menus will not be liable for not being able to send th Invitation Restaurant, the E-Invitation, the Gift Box or the Guide to the correct person and/or correct address. Orders are only definitive once they have been confirmed by fully processed payment of the total amount. The Invitation Restaurant, the E-Invitation, the Gift Box or the Guide may not be partly or fully exchanged against cash under any circumstance. The Invitation Restaurant, the E-Invitation, the Gift Box are entirely under the holder's responsability (ie:in case of theft or loss). The Invitation Restaurant, the E-Invitation and the Gift Box must be used before there expiry date. After the expiry date, the Invitation Restaurant, the E-Invitation, the Gift Box can not be used or be refunded under any cicumstance. The Invitation Restaurant, the E-Invitation and the Gift Box le Coffret Cadeau are provided with an activation code and mention the validity period that runs for a year after the date of purchase. The Invitation Restaurant, the E-Invitation, the Gift Box are valid in a selection of restaurants of which the list is updated and may be viewed on the website www.exclusive-restaurants.com, area « Gift ideas / Invitation Restaurant» If the restaurant bill is higher than the amount of the Invitation Restaurant the exceiding amount must be paid on site at the restaurant by the Invitation Restaurant holder.
The orders are only definitive after written confirmation by Exclusive-Restaurants/Media Menus and full payment of the total price by the customer. The customer will have previously read and accepted these General Terms and Conditions of Sale. Any Order shall be subject to acceptance by Exclusive-Restaurants/Media Menus. If Exclusive-Restaurants/Media Menus accepts the cuustomer’s order, Exclusive-Restaurants/Media Menus will notify the customer of its acceptance by sending a written order confirmation. The order is shipped at the customers risk as soon as the total payment has been provided by the customer, no order cancellation may be accepted, except under sonme special circumtances made explicit in articles 4, 5, 6 et 7 here after.
Article 4 – Withdrawal period
In accordance with applicable law, the customer ha a 7 day lead time to make use of his withdrawal permission.The Article L.121-20 of the Code de la consommation is applicable. If the customer excercises this right, the return costs are paid by the customer. Only Exclusive Restaurants Invitations Restaurant, Gift Boxes and Guides returned during the metioned lead time and that are in perfect state will be subject to a refund. If the customer excercises his withdrawal permission, the Invitations Restaurant must be returned to the following address : Exclusive Restaurants Service Invitation Restaurant 8 Place Boulnois 75017 PARIS FRANCE. Any return processed conforming to the herein terms will be subject to a total refunf of the price paid by the customer within 30 days after recption of the goods by Exclusive Restaurants.
Article 5 – Shipment
The goods are shipped once total payment of the order is received : > Either by take-away at the following address : Exclusive Restaurants Service Invitation Restaurant 8 Place Boulnois 75017 PARIS FRANCE > Or by mail charged to the customer : The order can be sent, as chosen by the customer and at his cost, to his personal address or directly to the designated beneficiarys. Transport risk is supported by the customer. In case of dammage or missing, the customer must clearly express any default or reserve on the delivery note. This information must be confirmed to the carrier and Exclusive Restaurants within three days in accordance with the article 6 here under.
The delivery of Invatations to private individuals are processed within a 15 day lead time satrting after receiving the order and payment. If the delivery is not done within this lead time, a refund of the amount of the order will be processed. No compensation or allowance will be due. In all eventualities, the delivery within the mantioned lead time will only accure if the customer is up to date with his payments and obligations to Exclusive-Restaurants/Media Menus.
Article 6 – Reception
Unless otherwise agreed in writing, all shipments shall be deemed correct and undamaged unless the customer specifies by registered mail within 3 days. No complaint will be accepted after this lead time. The customer must be able to proove and provide evidence of the non conformity.
Article 7 – Returns
No returns will be accepted without Exclusive-Restaurants/Media Menus written approval. All returned goods without this approval will be made available to ht customer and will not be suject to any refund or credit. The customer will support the risk and price of all returns. On the other hand no fully compliant orders wil be neither refunded or extended.
In case of a duly observed non conformity by Exclusive-Restaurants/Media Menus under the conditoons mentioned here above, the customer may choose between a free replacement or a complete refund of the concerned products.
Article 8 – Booking conditions
The beneficiary of an Invitation Restaurant, an e-invitation or a Gift Box, may book either online on www.exclusive-restaurants.com in the Gift idea area or by phone +33 1 42 63 48 18. Booking is only available to the beneficiary in the selection of restaurants listed in the Gift Ideas area. The booking is confirmed according to the restaurant's availability at the chosen time and date. No booking may be accepted on bank holidays (Valentine's Day, 24th of December, 31th of December, Mother's Day, Father's Day...) The beneficiary will receive a confirmation (booking voucher) by email, indicating the gift amount. All supplement must be paid on site at the restaurant. The customer must confirm his booking by giving the activation number or code while booking online or by phone. The customer must give the original Invitation to the restaurant at his arrival as well as the booking voucher.
Article 9 - Claims
Claims concernnig the restaurant meal must be made within 48 hours after consumtion. These written claims must be clearly and fully detailed. They may be sent by fax, email or mail. Claims will always receive Exclusive Restaurants consideration who will examin them with the greatest care a give an written answer. In case of a great discontent, corrective measures will be taken after further investigations by Exclusive-Restaurants.
Article 10 – Pricing and Billing
The prices mentioned on the www.exclusive-restaurants.com website, in the Gift Ideas area, include tax and standard shipping costs (simple mail within France). For certied mail, Chronopost our courier deliveries, shipping cost will be charged to the customer. Theses costs are charged as a supplement and are mentioned before order resgistration.
An invoice is issued for each order. All prices are expressed in Euro.
Article 11 - Payment
The purchase of Exclusive Restaurants gifts is achieved by means of full price payment. Prices are mentionned on order slip. The Invitations Restaurants, e-invitations and Gift Boxes are payment orders and are therefor not subject to VAT. Price must be paid in cash, in total, and dertermins dispatch of the order. The payement mus be reseived by Exclusive-Restaurants/Media Menus no later than 15 jours after placing the order. Beyond this lead time, the order will be cancelled.
Article 12 – Online order payment
Private information provided by the customer is subject to automatic process. This automatic process enables: online payement registration and avoids payment incidents. This automatic private detail processing in undertaken by Exclusive Restaurants by means of the www.exclusive–restaurants.com website that enables the customer to bank detailsin a fully secure and confidential way while ordering online. Only Exclusive Restaurants has access to the customers private details. If the customer chooses online payment, he must provide Exclusive Restaurants with concerning his order and payment method. the required information. If the customer does not provide this information, online payment can cont be processed.
The names, brands, logos, images and models and texts of Exclusive Restaurants are the property of Media Menus and therefore subject to property rights. They are therefore legaly protected against illicit or non approved use. Any illicit or non approved use will be considered as forgery and exposes the author's responsability in compliance with articles L 713-2 and further of the Code de la Propriété Intellectuelle as well as social and internatioal law texts. The faetures of the products sold on the www.exclusive-restaurants.com website in the Gift Idea or Guide area as well as user guides are available on request. Please contact the Exclusive Restaurants Gift service. Photos are not contractual. Exclusive-Restaurants / Media Menus is not responsable if any problems occure. Their use or reproduction is forbidden. Hypertext links pointing towards the website is forbiden without prior approval.
Article 14 – Binding clause
If one or several items of these General Terms and Conditons of Sale is declared non applicable, this declearation does in no mean alterate the applicability or the validity of the rest of the Terms and Conditions of Sale.
Article 15 – Data Protection
Private data provided by the customer will not be shared with third parties unless the customers accepts to receive news or offers from from partners when ordering. The customers data is kept,unless opposed, in Exclusive Restaurants/ Media Menus customer record that is registered in the Commission Nationale Informatique et Libertés (CNIL)books. According to the law « Informatique et Libertés » of the 6th of January 1978, The customer may access, amend or delete information concerning himself. To make use of or get further information about one of these rights, please contact the public relations service 8 Place Boulnois 75017 PARIS FRANCE
Article 16 – Applicable law - Jurisdiction
All the articles of these General Terms and Conditions of Sale as well as all purchases and sales operations concerned by the herein texts are subect to French law. The contractual information is expressed in French and the Invitations Restaurants comply with French regulations. In case of foreigners, the customer must check with his local athorities that the product he is considering is compliant. Exclusive Restaurants responsability will in no means be engaged for the non respect of foreign countries local regulations. In case of litigation concerning validity, reading and execution of these Gerneral Terms and Conditions of Sale, the only competent authorities will be French courts.
