hese terms and conditions for distance selling (hereinafter “T&C”) are proposed by the company SUSHI SHOP DEVELOPPEMENT, simplified public limited company with a capital of 37,000 euro, identified on the trade and companies register of Paris under number 493 549 349, of which the registered office is located 116 rue du Fbg St Martin, Paris (75010), represented by its Chairman, Mr Gregory MARCIANO, having elected the said office as his service address in that capacity (hereinafter “SUSHI SHOP”).
The fact of placing an order implies full and complete acceptance of these T&C. No condition of purchase may apply.
SUSHI SHOP reserves the right to adapt or modify these T&C at any time without notice. These modifications are binding with effect from their being on-lined. The latest version of these T&C is available on the SUSHI SHOP Website at the following address: http://www.sushishop.fr (hereinafter the “SUSHI SHOP Website”) http://www.sushishop.fr/ The conditions that apply are those in force at the date of the order.
“You” or the “Customer” means the remote consumer who decides to place an order on the SUSHI SHOP Website or by phone on 902 599 995 (0,0673€/0,0403€) and whose place of delivery is served by SUSHI SHOP. You acknowledge that you have full capacity to give undertakings in respect of these T&C when You place an order on SUSHI SHOP be that via the SUSHI SHOP Website or by phone.
For all relevant purposes, it is recalled that the sale of alcohol to persons under age (below 16 years) is prohibited (article L. 3342-1 of the Public Health Code).
ARTICLE 1 - PURPOSE OF THE T&C
These T&C are intended to govern the relation between You and SUSHI SHOP from the order being taken on the SUSHI SHOP Website or over the phone to the delivery of the order at the address given by You at the time of giving the order.
ARTICLE 2 - ORDERING BY INTERNET
Giving an order on the SUSHI SHOP Website assumes that you have a prior registration with a view to setting up a SUSHI SHOP Customer Account.
2.1 Registration on the SUSHI SHOP Website
When registering with the SUSHI SHOP Website, You must choose a user name associated with a valid e-mail address and a password. It is your responsibility to keep these details strictly confidential and not to disclose them to any third parties in order to avoid, as far as possible, any risk of intrusion into your customer account and orders being placed without your knowledge by unauthorised persons. SUSHI SHOP will not be liable for any use of your customer account by a third party who may have had access to your user name and your password, be that at your initiative or through your negligence.
When registering with the SUSHI SHOP Website, You must also provide a valid delivery address located within the delivery area of one of the restaurants trading under the “SUSHI SHOP” name. To date, service is only available in certain towns. The up-to-date list of towns serviced by SUSHI SHOP is available on the SUSHI SHOP Website.
The delivery address You provide when registering must be as accurate as possible (building number, floor, entry code, etc.), so as to enable the SUSHI SHOP deliveryman to bring You your order in the best conditions and shortest possible time. SUSHI SHOP cannot be held liable in the event it is impossible to make delivery due to inaccurate or incomplete information.
Once your registration is complete, a confirmatory e-mail will be sent to You at the e-mail address You have previously provided.
2.2 Connection to the SUSHI SHOP Website
Before You make every order, You must log onto the customer area on the SUSHI SHOP Website by clicking onto the “Order” link shown on the home page.
Should you lose or forget your password, You are able to reinitialise this and choose a new password by clicking on the link “Forgotten your Password?” and entering your e-mail address. You will then receive an e-mail at the e-mail address indicated (if it is recognised) enabling You to choose a new password.
2.3 Selecting dishes and menus on the SUSHI SHOP Website<.p>
After You are connected to the SUSHI SHOP Website, You have the option of consulting the SUSHI SHOP menu and choosing the dishes and menus You want.
The products displayed on the SUSHI SHOP menu are shown subject to availability of stocks in the “SUSHI SHOP” restaurant in whose delivery area the place of delivery is located.
In the event of non-availability of stocks, your “SUSHI SHOP” restaurant, at its sole discretion, will either ring You up on the number You gave when You registered to offer you the choice of another product or will reduce the amount of the bill by the price of the unavailable item. This reduction may also take the form of a credit note to be applied against a future order.
2.4 Validation of the order
Once You have made your selection of products and menus, You will be asked to confirm your basket then indicate the method of payment selected (cash or cheque on delivery, bank card after validation of order). The SUSHI SHOP Website accepts payment over the Internet by VISA Carte Bleue and Master Card through the intermediary of Ogone, a secure payment company.
Once this operation is complete, your order is automatically registered and becomes firm and final, in accordance with the legal provisions excluding the ability to use the right of withdrawal on matters of distance selling of perishables recalled at article 8 below.
2.5. Electronic signature
Your confirmation of order by “double-clicking” amounts to an electronic signature having the same value as a handwritten signature. Any summary of the order which You have confirmed by “double-clicking” amounts to an irrevocable commitment by You.
All orders are subject to a confirmatory e-mail. It is you responsibility to retain this document which amounts to your proof of order.
In accordance with its legal obligations, SUSHI SHOP automatically archives its proofs of orders and invoices.
ARTICLE 3 - ORDERING OVER THE PHONE
You have the option of placing an order over the phone by dialling 902 599 995 (0,0673€/0,0403€) .
When calling, You should state the zip code of the desired place of delivery. You will then be put in touch with the SUSHI SHOP restaurant which services that delivery area. To date, service is only available in certain towns. The up-to-date list of towns serviced by SUSHI SHOP is available on the SUSHI SHOP Website.
The delivery address You provide when registering must be as accurate as possible (building number, floor, entry code, etc.), so as to enable the SUSHI SHOP deliveryman to bring You your order in the best conditions and shortest possible time.
Once in touch with the “SUSHI SHOP” restaurant in question, You will be able to place an order for the dishes and menus of your choice, subject to availability of stocks.
If you have already placed an order with SUSHI SHOP, you need only state your phone number and the operator will ask you to confirm the address or place of delivery.
ARTICLE 4 - SUSHI SHOP PRODUCTS
The list and features of the products offered on the SUSHI SHOP Website are likely to be modified or adapted at any time to better meet your expectations and/or depending on stocks available.
The product photographs, illustrations and text displayed on the SUSHI SHOP Website are provided for purely indicative purposes and are not contractual.
With the exception of fresh produce (sushis, makis, sashimis, etc.), the photos, illustrations and texts shown on the SUSHI SHOP Website are a reproduction of the information shown on the product packaging in question and cannot in any event incur the liability of SUSHI SHOP in any capacity whatsoever.
The products offered on the SUSHI SHOP Website meet the requirements of French legislation and the standards applying in France.
ARTICLE 5 – PRICE
All orders are payable in euro.
Prices of the products are subject to alteration from day to day. The prices invoiced are those in force at the date of the order. They are given on the list of products displayed and on the order summary. Prices indicated include all taxes (i.e., including Value-added Tax). Any change in the rate of VAT will be passed on in the price of the products.
ARTICLE 6 - REMOTE PAYMENT
The transactions carried out on www.sushishop.eu are secured by the Ogone system of payment (www.ogone.com).http://www.ogone.com/ All information exchanged to process payment is encrypted through the SSL protocol. These data cannot be detected, intercepted or used by third parties. Neither are they stored on our computer systems.
Ogone is a technical service-provider and does not deal with disputes connected to orders. These should be settled directly with www.sushishop.eu and/or your bank.
For more information relating to Ogone, you can click HERE (www.ogone.com) or contact them by e-mail at support@ogone.com.http://www.ogone.com/http://www.ogone.com/mailto:support@ogone.com
ARTICLE 7 – DELIVERY
Delivery can only take place in the delivery areas of your “SUSHI SHOP” restaurant specified at the time of ordering. Once the order has been confirmed, delivery takes place generally within a period of between thirty minutes to an hour, subject to variations due to a high number of orders and subject to cases of force majeure understood to be a strike, riot, traffic problems, fire, accident or the impossibility to receive supplies. Any time frame is therefore given for indicative purposes and is not contractual.
Deliveries are available 7 days a week from 11 a.m. to 2.15 p.m. and 6 p.m. to 10.45 p.m.
In the event of a mistake in the delivery or non-compliance of the product, SUSHI SHOP will offer a credit note corresponding to the amount of the price of the product paid for but not delivered correctly.
SUSHI SHOP reserves the option not to make deliveries in the event of repeated incidents with any Customer.
ARTICLE 8 - NO RIGHT OF WITHDRAWAL
According to the provisions of article L. 121-20-2 3° of the Consumer Code, the right of withdrawal applying in matters of distance selling cannot be exercised in the case of the supply of goods which, by their nature, are likely to deteriorate or spoil rapidly.
In accordance with this legislation, since SUSHI SHOP only delivers fresh perishable goods, it is expressly stated that any order on the SUSHI SHOP Website or over the phone is firm and final and the right of withdrawal is excluded.
ARTICLE 9 – OBLIGATIONS OF SUSHI SHOP
SUSHI SHOP agrees to take the orders and proceed with deliveries in a professional manner so as to provide its customers with optimum service.
However, SUSHI SHOP cannot be liable for ensuring that the SUSHI SHOP Website or telephone ordering service function in the event of a case of force majeure understood as in the meaning given in French case law as any unforeseeable and unstoppable event outside of its control such as strikes, adverse weather, wars, embargoes, failures of the power network or Internet network, failures of satellites, etc.
In addition, the obligations of SUSHI SHOP are territorially confined to the delivery areas stated on the SUSHI SHOP Website. SUSHI SHOP may not be held liable for any delivery to an address not shown within one of these delivery areas.
The information displayed on the SUSHI SHOP Website is given for purely indicative purposes, subject to error or omission.
ARTICLE 10 – LIABILITY
SUSHI SHOP is liable for the proper performance of its contractual obligations.
However, SUSHI SHOP shall not be liable if the non-performance or defective performance of any order is attributable to the Customer or technical constraints outside the control of SUSHI SHOP such as set out at article 9 above.
In particular, SUSHI SHOP declines all liability in case of interruption of the SUSHI SHOP Website, or the occurrence of bugs or errors in operation, as well as in the event of direct or indirect damage regardless of the cause, origin, nature or consequences thereof, brought about by accessing the SUSHI SHOP Website or through the impossibility of accessing the same by whomsoever, similarly the use of the SUSHI SHOP Website and/or credit granted to any information originating directly or indirectly from the latter.
In particular, SUSHI SHOP assumes no liability for the damage that might be caused to the Customer’s computer equipment following his accessing the SUSHI SHOP Website, the use or downloading of any of its elements (data, text, images, videos or soundtracks, etc.).
For reasons of maintenance, SUSHI SHOP may suspend operation of the SUSHI SHOP Website and will endeavour to give its Customers advance warning by sending them an e-mail to the electronic address provided on registration.
You are solely liable for your computer. It is your responsibility to check that the computer configuration used contains no viruses and that it is in perfect working order.
SUSHI SHOP shall not be held liable for any delay, loss or incorrect distribution of an e-mail or of its being sent to an incorrect e-mail address.
ARTICLE 11 - COMPUTERS AND DATA PROTECTION
SUSHI SHOP agrees to protect the personally identifiable data that You entrust to it when You register on the SUSHI SHOP Website or when You place an order over the phone (name, address, phone number, bank details, etc.) necessary for processing the said order.
The data file containing the personally identifiable data of Customers of SUSHI SHOP has been the subject of a declaration filed with the CNIL (French Data Protection authority) under number - pending issue.
In accordance with the provisions of the law no. 78-17 of 6 January 1978 as amended by the law no. 2004-801 of 6 August 2004 called “Data Protection and Freedoms”, subject to being able to prove your identity, You have the right to request that this personally identifiable information relating to You is corrected, completed, updated, blocked or erased if this information is inexact, incomplete, ambiguous, out-of-date or if the collection, use, disclosure or preservation of this information is prohibited.
You also have the right to object to this personally identifiable information being processed, on legitimate grounds. However, such an objection would make it impossible to take an order and/or make delivery of the said order.
You are able to exercise these rights by sending a letter by post together with proof of identity to the following address: SUSHI SHOP, Data protection, 116 rue du Fbg St Martin, Paris (75010).
The person responsible for gathering and processing this data is the company SUSHI SHOP DEVELOPMENT whose contact details are given above. This data will only be used for the purposes of processing your order and will not be disclosed to third parties without your prior authorisation. In the event that You have expressed the desire, You may receive commercial offers from the SUSHI SHOP Group and its commercial partners.
ARTICLE 12 – INTELLECTUAL PROPERTY
“SUSHI SHOP” is a registered trade mark. No provision of these T&C may be interpreted as operating any transfer whatsoever of any intellectual property right over this sign for the benefit of the Customer.
The SUSHI SHOP Website and all the elements that make it up (text, photos, videos and soundtracks) are protected by intellectual property law and are the exclusive property of SUSHI SHOP. Any reproduction or representation is prohibited subject to the legal exceptions in force.
ARTICLE 13 - GOVERNING LAW AND COMPETENT JURISDICTIONS
These T&C are governed by French law.
Any dispute relating to these T&C will be subject to the exclusive jurisdiction of the competent court of Paris, with the exception of disputes relating to persons not involved in trade and for whom the legal rules of allocation of competence apply.
ARTICLE 14 - LEGAL DISCLAIMERS
The SUSHI SHOP Website (www.sushishop.eu) is published by the company SUSHI SHOP DEVELOPPEMENT, simplified public limited company with a capital of 37,000 euro, identified on the trade and companies register of Paris under number 493 549 349 00014, of which the registered office is located 116 rue du Fbg St Martin, Paris (75010), represented by its Chairman, Mr Gregory MARCIANO, having elected the said office as his service address in that capacity: serviceclient@sushishop.fr.
The director of publication is Mr. Grégory MARCIANO.
The site is hosted by Oxalide.
