SCOPE AND SUBJECT-MATTER
These General Terms of Sale concerning mail-order sales govern the contractual relationship between the franchised restaurants of the SUSHI SHOP network (operated by independent franchisees or subsidiaries of the Sushi Shop Group), represented for the purposes of this contract by SUSHI SHOP MANAGEMENT, a French Joint Stock Company; share capital: 98,160 euros; registered in Paris, France under no. 493 549 349; registered address: 116, rue du Faubourg St Martin, 75010 Paris, France (hereinafter “SUSHI SHOP”) and each client (hereinafter the “Client”) who places an order over the telephone or via the http://www.sushishop.eu/es/ web site or via the corresponding Android and IOS applications developed for smartphones and tablets (hereinafter the “Web Site/Apps/Apps”).
Sushi Shop Management manages the Web Site on behalf of SELECT FOODS & SUSHI ESPAÑA SL – Federal registration number B87647491 – PASEO DE RECOLETOS 7-9 5ªMadrid28-MADRID - VAT number ESB87647491 - Tel : 902 599 995 ; email : email@example.com .
By placing an order, the Client implicitly agrees to abide by these General Terms of Sale without reservations, to the exclusion of any other terms and conditions, save with the prior written consent of SUSHI SHOP. The General Terms of Sale are available on the Website/Apps.
SUSHI SHOP shall be entitled to adapt or to modify these General Terms of Sale at any moment in time without notice. These modifications shall be applicable and enforceable upon the Client as soon as they are put online and shall apply to any subsequent order. The version of the General Terms of Sale that is applicable at the time when an order is placed shall be that which is published on the web site of SUSHI SHOP.
SUSHI SHOP RESTAURANTS AND DELIVERY AREAS
A Client who places an order over the telephone or via the Web Site/Apps and who wishes to have his order delivered must provide a valid delivery address located in the delivery area of one of the restaurants of the SUSHI SHOP network.
To date, only certain geographical areas are served by the SUSHI SHOP network. An up-to-date list of SUSHI SHOP restaurants and of the towns and cities served by SUSHI SHOP is available on the Web Site/Apps. Should the address provided by the Client not be located within the area covered by the delivery service, the Client shall be informed about this before the order is placed. The restaurant which will take care of the order (either for delivery or take-away) is designated hereafter the “Restaurant”.
3.1 Registration on the Web Site/Apps (solely for online orders) and SUSHI SHOP rewards program a) Registration on the Website/Apps In order to place an order via the Web Site/Apps, the Client must register beforehand by creating a SUSHI SHOP Client Account (hereafter the “Client Account”). To register, the Client must fill in the registration form available on the Website/Apps . During the registration process on the Web Site/Apps, the Client must select an identifier consisting of a valid e-mail address and a password. He must keep this information strictly confidential and not disclose it to third parties, in order to avoid as much as possible any risk of intrusion into his Client Account. SUSHI SHOP hereby disclaims liability for any unauthorised use of the Client Account by a third party who somehow gains access to the identifier and the corresponding password, through no fault of SUSHI SHOP, and in particular if the identifier and the password have been disclosed to a third party by the Client or owing to his negligence. Once the Client has registered, a summary e-mail shall be sent to him at the e-mail address that he provided. The Client must then provide his postal address . The delivery address that is provided must be as accurate as possible (street number, floor, digital code, etc.), in order to enable the SUSHI SHOP delivery person to deliver the order under the best possible conditions and as promptly as possible. SUSHI SHOP hereby disclaims liability should it be impossible to deliver due to inaccurate or incomplete information. b) SUSHI SHOP rewards program SUSHI SHOP proposes to the Client to join the SUSHI SHOP rewards program whose earning and benefits are detailed on the Web Site / Apps. The SUSHI SHOP rewards program is subject to change. The Clients will be informed of those changes on due time by emails and by a specific information notice on the Web Site/Apps. 3.2 Connection to the Web Site/Apps and access to the Client Account For each order on the Website/Apps, , the Client shall be identified through the use of its Client Account (by clicking on the “Connection” or “Order” links featuring on the Website/Apps). Should the Client lose or forget his password, he may reinitialise it and choose a new one by clicking on the “Have you forgotten your password?” link and keying in his e-mail address. The Client shall then receive an e-mail sent to the e-mail address that was provided, if the latter is recognised, enabling him to select a new password. 3.3 The online ordering process I) Choosing the Restaurant, the method of delivery of the order and the products (1) In order to place an order, the Client must choose the method of delivery of the order, by clicking either on the “Delivery” tab or on the “Takeaway” of the Web Site/Apps. (2) In case of delivery, the Client should key in his postcode to check that it is located within the delivery area of one of the SUSHI SHOP restaurants. If several restaurants cover the Client’s postcode within their delivery area, the Client must select the Restaurant with which he wishes to place an order. (3) In case of a takeaway order, the Client should select the Restaurant among the list of SUSHI SHOP restaurants from which he wishes to collect the order. (4) Having selected the Restaurant in charge of fulfilling the order, the Client should specify the time when the order is to be delivered or collected by clicking on “Now”, “Today” or “Another day”. In the last two cases, the Client must then key in the time slot in which he wishes to take delivery of his meal as well as the particular day if he has chosen to take delivery of the meal on another day. (5) The Client shall then be redirected automatically towards a window showing the products of SUSHI SHOP that are available to order (hereinafter the “Products”). (6) The Client should select the Products that he wishes to order and confirm by clicking on the “Add to my shopping basket” button. (7) A minimum order value may be imposed for delivery, in which case the Client shall be warned about this prior to paying for the order. There is no minimum order value for takeaway sales. (8) The shopping basket is contained within a tab at the right hand side of the screen and sums up the Products in the shopping basket, their respective quantities and the total cost of the order. The Client may access his shopping basket by clicking on the “Next” tab. Another tab displays the Restaurant as well as the estimated time of the delivery. (9) Should the Client not yet have logged in to his user account, he must do so at this point in order to finalise his order. II) Confirmation of the order placed online (10) After validation of his shopping basket, the Client shall be redirected automatically towards a window showing the delivery address that was keyed in during the registration process. He may then modify it, complete it or provide a new address. He may also provide a billing address if this is different from the delivery address and he must key in his telephone number. This information must then be confirmed by clicking on the “Next” tab. (11) The Client can also key in the details of a discount voucher and key in any additional information. (12) The Client should then specify the payment method: “Upon delivery” or “By credit card”. If payment “Upon delivery” is selected, the Client can pay by cash, cheque or luncheon voucher. (13) The Client must confirm his acceptance of these General Terms of Sale by ticking the appropriate box after becoming acquainted with their contents, and may then confirm his order by clicking on the “Place order” tab. (14) If the Client has opted for payment by credit card, he shall be redirected to a secure site operated by a service provider specialising in secure payment over the Internet, which accepts payment by Carte Bleue Visa and Mastercard. The Client should then key in the number of his card, its expiry date as well as the verification code of the card. (15) The Client shall then receive an e-mail confirming the order sent to the e-mail address indicated in his client space. The order for Products shall only be considered as definitely confirmed by and binding upon SUSHI SHOP upon receipt of this e-mail by the Client. The Client must therefore ensure that this e-mail is duly received and should contact customer service by telephone in case of any problems (see article 11 below). 3.4 Process of placing orders over the telephone (1) Orders may be placed over the telephone by calling the number indicated on the Website/Apps. (2) SUSHI SHOP shall prompt the Client to key in his postcode on the keypad of his telephone in order to determine which restaurant should serve the order. If several restaurants cover the Client’s postcode, the Client shall be asked to select the Restaurant with which he wishes to place the order. (3) The Client shall then be put in contact with an operator who shall ask him for his telephone number as well as his family name and first name. (4) SUSHI SHOP shall then take the order and, where applicable, the delivery address. SUSHI SHOP shall then state the total price including tax of the order and the delivery lead time. (5) A minimum order value may be imposed for delivery, in which case the Client shall be warned about this prior to paying for the order. There shall be no minimum order value for takeaway sales. (6) The Client should then choose his preferred payment method: payment by bank card upon placing the order by providing the card details over the telephone, or payment by cash, cheque or luncheon voucher upon delivery. 3.5 Unavailability of the Products The Products that are shown on the SUSHI SHOP menu are offered subject to availability in the Restaurant. In case of a stock outage, the Restaurant involved shall warn the Client by telephone on the number provided by the Client during the online registration process or upon placing the order by telephone, to propose that he either opt for another Product, or to deduct the price of the Product that is unavailable from the sum total of the invoice and proceed to refund the Client for the missing Product. With the Client’s consent, this deduction may be replaced by a credit note to be redeemed against a future order.
DELIVERY AND TAKEAWAY AT THE RESTAURANTS
The order shall be delivered to the delivery address that was provided by the Client upon placing the order. All deliveries shall be performed within the approximative timescales mentioned upon placing the order. The Client shall take delivery of the Products based on the agreed timescale and place of delivery. Any overrun of a delivery timescales shall not give rise to compensation. Should the Client not be present to take delivery of the Products ordered at the address indicated upon placing the order, the Products shall be returned to SUSHI SHOP and SUSHI SHOP shall not reimburse the price of the order and shall invoice the Client for the entire sum. Should the Client opt to collect his order from the restaurant, the order shall be made available only in the estaurant that was chosen by the Client upon placing his order, at the time specified upon placing the order. In case of a delay in preparing the order for collection, the restaurant shall get in touch with the Client by telephone.
RIGHT TO WITHDRAW FROM THE SALE
The Client shall not have any right to withdraw from the sale and may not change his order once it is registered by SUSHI SHOP.
The applicable prices shall be those that are in force at the time when the Client places his order, as shown on the Web Site/Apps. The prices that are displayed in the general section of the Web Site/Apps and in the catalogues shall be maximum prices. They may vary from one SUSHI SHOP store to the next. The Client shall be informed of the precise prices to be paid prior to settling his order. The prices shall be quoted in euros including tax. They shall comprise VAT at the rate that is applicable on the date of the order. Any change in the VAT rate may be reflected in the prices of the Products.
Orders may be paid for either by bank card directly on the Web Site/Apps or over the telephone at the time of placing the order, or in cash, by cheque (when specified by the Restaurant, the Client shall in any case verify with the Restaurant that this mean of payment is accepted), or using luncheon vouchers upon delivery or collection from the restaurant. All orders must be paid for in full. No discount or rebate, nor any discount vouchers which the Client failed to mention upon placing the order, shall be countenanced. The price may only be offset against a credit note approved by SUSHI SHOP and registered in the Client’s account on the date when payment is due. SUSHI SHOP shall not have any obligation to hand over the Products ordered by the Client if the latter does not pay for the entire order. If the Client is a business, then in case of late payment, interest for late payment shall be applied at a rate of three times the standard interest rate until the date on which the overdue moneys are paid. Moreover, SUSHI SHOP shall be entitled to levy a fixed compensation.. The penalties for lateness and this fixed sum shall be due automatically without any reminder being required.
SUSHI SHOP pledges to ensure that the Products that are delivered comply with the order that is placed by the Client. In case of missing Products, the Client must inform SUSHI SHOP upon delivery or collection from the restaurant, failing which no claim shall be countenanced. In case of a non-compliant Product, the Client must inform SUSHI SHOP within a reasonable timescale and in any event within 2 hours following the delivery or the provision of the Products at the restaurant and may request the replacement of the Products or the reimbursement of their price. Unless there are terms that provide otherwise in these General Terms of Sale, the terms governing the statutory warranty against defects in the thing that is bought shall apply and are partly reproduced below:
SUSHI SHOP shall not be liable for any inconvenience or damage caused by the Client’s use of the Internet network, such as a breakdown of the service, an external intrusion, the presence of computer viruses, fraudulent use of the Client’s bank card, etc.
CONFIDENTIALITY – PERSONAL DATA
Should the Client have any query concerning the performance of the contract, he may contact SUSHI SHOP customer service by using the dedicate email address available on the Website/Apps or on the following telephone number:902 599 995.
APPLICAPLE LAW AND SETTLEMENT OF DISP
These General Terms of Sale are governed by Spanish law. Any disputes arising from these General Terms of Sale, such as regarding their validity, their interpretation, their performance, their consequences and their outcome shall be brought before the competent courts. In case of a dispute with clients who are not private consumers, the parties agree to grant exclusive jurisdiction over any dispute to the courts of Spanish. In all other cases, the Commercial Court of Paris shall have sole competence.