Terms and conditions
Commercial conditions
Last revised: January 22, 2023
These conditions
(1) This website www.pastacompany.fr and/or the services, including all mobile applications connected to it (collectively the “Services") and any offer or order of food, drink or other similar products from our catering product delivery services and other related products offered by us (the "Catering Delivery Services") through the Site, are owned and operated bySarl New Pastaoperator of the Booking, including its legal form] (hereinafter also referred to as "We», «OUR" Or "our"). These Terms of Business (the "Terms”) define the terms and conditions under which visitors or users (collectively, the “user” or “you”) may visit or use the Site and/or the Services and place orders.
(2) By accessing or using the Services, you acknowledge that you have read and consent to these Terms and agree to be bound by them. If you do not agree to all of the Terms, you must not access the Site or use any of the Services. Read these Terms carefully before accessing or using our Site or Services or ordering Food Delivery Services. In these Terms, you'll find out who we are, how you can order our Food Delivery Services, how you can cancel your Food Delivery Services orders, and what you can do if you have a problem.
(3) You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, and to use the Services and Food Delivery Services. If you are under the age of majority, you may only use the Services or place orders for Food Delivery Services with the consent of your parents or legal guardian.
(4) This site is published by:
bcdassociatesRCS Epinal B 847 511 771 intra VAT FR37847511771 _cc781905-5cde-3194-bb3b-136_bad5cf58d
The editors areBARROIS Klode & Djouzi Adel.
You can contact us :
- by phone: +33 3 29 07 13 83 (price of a local call)
- by email :bcdAssociés@outlook.fr
- by post: 159 Rue St Eloi 88800 Vittel (France)
This Site is hosted by:
Wix.com
Food delivery services
Order process
You may book the Food Delivery Services we offer through our Site or Services in accordance with these Terms.
(2) You may choose the Food Delivery Services items you intend to order and collect them in your shopping cart by making the appropriate selections (e.g. items, delivery time, etc.) and then clicking the corresponding button. The prices we charge are indicated on the Site or the Services. We reserve the right to change the prices of the offered Food Delivery Services displayed at any time (provided that you will only be charged the amount agreed prior to any price change), and to correct any pricing errors that may occur by inadvertently, with effect for the future. Additional information on prices and value added tax (VAT) at the current rate and other applicable taxes, fees or charges, such as delivery charges, are available on the Site during the booking process and in the summary control.
(3) We may send you an automatic confirmation of receipt of your order by e-mail or any other available means provided by you. Automatic confirmation of receipt only documents receipt of your reservation request and does not constitute acceptance of that order by us.
Promotional offers
We may, at our sole discretion, issue promotional offers, such as coupons, gift cards, rebates or other offers on our food delivery services (the "Offers”) with different characteristics and prices for each of our Users. These Offers are only valid for the duration that may be indicated therein. Offerings may not be transferred, modified, sold, traded, reproduced or distributed without our express written permission.
Right to retract
According to the provisions of Article L. 221-28 paragraph 4 of the Consumer Code, the right of withdrawal applicable to distance selling cannot be exercised in the event of the supply of items which, by their nature, are likely deteriorate or expire rapidly. In accordance with this law, the customer does not have a period of 14 days to exercise his right of withdrawal; any order on the Site is firm and definitive
Storage of data relating to online payments
You can save your preferred payment method for later use. In this case, we will store your payment credentials in accordance with applicable industry standards (e.g. PCI DSS). You will be able to identify your card thus stored by its last four digits.
Exclusion of warranty for the use of the Site and the Services
The Services, Our intellectual property and all documents, information and content provided relating thereto which are made available to any user free of charge are provided "as is" and "as available", without any warranty of any kind. whether express or implied, including any warranties of fitness for a particular purpose and any warranties regarding the security, reliability, timeliness, accuracy, or performance of our services, except for malicious non-disclosure of defaults. We do not warrant that our Free Services will be uninterrupted or error-free, or that they will meet your requirements. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates.
Compensation
You agree to defend and hold us harmless against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees ) arising out of or relating to your use of the Site and Services in violation of these Terms, including in particular any use that would violate the limitations and requirements set forth in the "Acceptable Use" section, unless such circumstances are not caused by your fault.
Limitation of Liability
(1) To the fullest extent permitted by applicable law, we disclaim all liability for any amount or kind of loss or damage which may arise to you or any third party (including any direct or indirect loss and any loss of income, profits, goodwill, data, contracts, and any loss or damage resulting from, or related to, business interruption, loss of opportunity, loss of anticipated savings, wasted management time or office, even if foreseeable, in connection with (i) this Site and its contents, (ii) the use, inability to use, or results of the use of this Site, (iii ) any website linked to this Site or the materials on such linked websites.
(2) We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure results from any cause beyond our control and/or a case of force adult within the meaning of article 1216 of the Civil Code.
Modification of the Terms or Services; interruption
(1) We reserve the right to modify these Terms from time to time, at our sole discretion, to take into account changes in the law or additional features that we may introduce, or in the course of developing our business . Accordingly, you should review these Terms regularly and, in any event, during the checkout process concluding your order for Food Delivery Services. The new Terms will apply to any new order you submit after their effective date. If Recurring Services you use are affected by changes to the Terms, we will reasonably take your legitimate interests into account when making those changes. We will notify you of such changes duly in advance. The changes will be deemed accepted by you if you do not object to them within two months of this notification. We will draw your attention to this fact in our notification. If you object, we will have a special right, without any liability to you, to terminate the agreement with you with effect from the effective date of such changes.
(2) We may modify the Services, stop providing the Services or any feature of the Services we offer, or create limits for the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will give you sufficient notice if this is possible in the given circumstances and we will reasonably take into account your legitimate interests when taking such action.
Links to third-party sites
The Services may include links that take you out of the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for their content, or any links they contain, or any changes or updates to them. We are not responsible for any transmissions received from linked sites. Links to third party sites are provided for convenience only. If we add links to other websites this does not mean that we endorse their owners or their content.
Applicable right
(1) These Terms shall be governed by and construed in accordance with French law, with the exception of conflict of law rules.
(2) If you wish to draw our attention to a matter, complaint or question relating to our site, contact us: [e-mail] If, after contacting us, you believe that the problem is not resolved, you have the right to use the consumer mediation procedure in the event of a dispute, in accordance with articles L.611-1 and following of the Consumer Code. To submit your request to the consumer ombudsman, complete the online dispute resolution form accessible at the following address:https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Various
(1) No waiver of any breach or default hereunder shall be deemed a waiver of any prior or subsequent breach or default.
(2) Section titles used in these Terms are for convenience only and have no legal substance.
(3) Unless otherwise stated, if any part of these Terms is found to be illegal or unenforceable for any reason, it is agreed that that part of these Terms will be severed, the other terms of these Terms will not be affected and that they will remain in effect.
(4) By accepting the Conditions, you undertake not to dispute the probative value of the documents exchanged via the Site, on the basis of their electronic nature. Computerized records are considered proof of communications, orders and payments made between us.
(5) Your acceptance of the Conditions constitutes an agreement of proof, within the meaning of article 1368 of the Civil Code. (4) You may not assign your agreement with us under these Terms, or your rights or obligations hereunder, in whole or in part, without our prior written consent.
(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us relating to the Services and the sale of the Products.
(6) The provisions of these Terms, which by their nature should survive any action by us, shall survive, including, but not limited to, the provisions relating to indemnities, waivers, disclaimers, the limitations of liability and this “Miscellaneous” section.
Contact us To contact us, send an e-mail to:pastacompany@pastacompany.fr