GENERAL TERMS AND CONDITIONS OF SALE AND LEGAL NOTICE
1. Introduction to the Website
The company TIPTOQUE (hereinafter "TIPTOQUE") is engaged in the reservation and delivery of meals prepared by chefs, as well as offering a click & collect service. TIPTOQUE offers its products for sale via its website. https://www.lucascarton.com/accueil (hereinafter the "Site"). The website is open to all users of the internet network.
The Site is published by TIPTOQUE, a simplified joint-stock company, with its registered office at 43 bis rue Roger Jourdain – 92500 RUEIL MALMAISON, registered with the RCS Nanterre under number 813 464 146.
email: julie@tiptoque.paris
2. Applicability and Enforceability of these General Terms and Conditions of Sale to the Customer
2.1 All orders placed on the Site are subject to these general terms and conditions of sale (hereinafter referred to as the "GTC").
2.2 The customer declares to be a natural person, at least 18 years of age, and to have legal capacity or to hold parental authorization allowing them to place an order on the site (hereinafter "the Customer").
In the event of an order for alcoholic beverages, TIPTOQUE reserves the right to ask the customer to prove their age and to cancel the order if it has reason to believe that they are a minor.
The Customer declares that they are acting for their personal use and prohibits any partial or total resale of the products.
2.3 The General Terms and Conditions of Sale are binding on the Customer, who acknowledges, by checking a box provided for this purpose, that they have read and accepted them before placing an order.
The applicable and enforceable General Terms and Conditions of Sale (GTC) will be those in effect at the time the Customer effectively validates their order registered on the Site. These conditions will be sent to them in PDF format in the order confirmation email.
3. Products
3.1 Each product offered on the Site is accompanied by a descriptive text provided by the chef who prepared it and one or more photos allowing the Customer to know, before placing the final order, the essential characteristics of the product, in accordance with the provisions of Article L.111-1 of the Consumer Code and the regulations on unpackaged food products.
These indications are intended, without being exhaustive, to inform the Customer as completely as possible about the essential characteristics of the products and in particular any possible allergens, in accordance with Article R. 112-13 of the Consumer Code.
TIPTOQUE reserves the right to modify the contents of the dishes at any time and to notify the customer by updating the description.
The photographs illustrating the products are not part of the contractual document.
3.2 The products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection at the time they are placed on the market.
3.3 Products are offered and delivered while supplies last.
If the product is unavailable, the Customer will be informed by email. A replacement product will be offered, or a refund will be issued and the order cancelled.
No cancellation fee (other than a full refund of the order) can be claimed.
3.4 The products are delivered with instructions for storage, reheating, and tasting.
4. Selling price
4.1 The prices shown on the Site are indicated, for each of the products offered for sale thereon, in euros, all taxes included, excluding delivery and transport costs, which are mentioned before order validation and charged separately.
4.2 The total amount due by the Customer is indicated on the order confirmation page.
4.3 TIPTOQUE reserves the right to modify its prices at any time, while guaranteeing the Client the application of the price in effect on the day of the order.
4.4 The price is payable in full upon confirmation of the order.
5. Order formation process - payment
5.1 To place an order, the Customer, after filling their virtual shopping cart by indicating the selected products and desired quantities, clicks on the "order" button.
Before clicking on the "Validate my order" button, the Customer has the option to check the details of their order and its total price, and to return to previous pages to correct any errors or modify their order.
5.2. The Customer then provides a valid email address, as well as their last name, first name, and phone number, and, if they wish, creates a password to create their customer account.
The Customer can opt for the express payment procedure via Apple Pay without creating an account.
5.3. The Customer then provides the information relating to delivery, billing and the method of payment.
5.4. Payment is made immediately upon ordering via the Stripe payment service.
The Stripe service is independent of the Seller, allowing the Customer to make a secure online payment by credit card, without their details being disclosed to TIPTOQUE.
5.5. TIPTOQUE reserves the right to suspend or cancel any order in the event of an abnormally high order amount, non-payment of any sum due by the Customer, or in the event of a payment incident. In case of bank refusal, the order will be automatically cancelled and the customer notified.
5.6. Confirmation of the order, through its payment, implies acceptance of the General Terms and Conditions of Sale and constitutes the contract.
An email acknowledging receipt of the order and payment will be sent by TIPTOQUE as soon as possible.
6. Delivery – Timeframes
6.1 Delivery is available in Paris and throughout mainland France (excluding Corsica and the French overseas departments and territories).
6.2 Delivery will be made by direct delivery to the address indicated by the Customer, on the date and time chosen by the Customer at the time of their order.
6.3 In the event of the Client's inability to receive the delivery, the parties may agree on a new delivery time based on the delivery provider's availability and route. If the delivery provider is unable to contact the Client, the order will be left at a collection point, provided it is within the expiry date of any perishable goods.
Under no circumstances shall TIPTOQUE be held liable for consequences resulting from inaccurate or incomplete data, particularly in the recipient's contact information, or for any potential product damage due to late delivery of a package resulting from the absence of the Client or the person authorized to receive it.
7. Cold Chain - Product Preservation
TIPTOQUE product deliveries are handled by various companies operating according to TIPTOQUE's specifications. Products are transported in isothermal bags and boxes containing eutectic plates, in refrigerated trucks, to maintain the products at the correct temperature until delivery to the customer.
Once the order has been delivered to the Customer, it is their responsibility to keep the dishes between 0° and 3° and to consume them before the "best before" date displayed.
8. Legal guarantee of conformity / Guarantee against hidden defects
8.1 All products supplied by TIPTOQUE benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following and L. 411-1 and following of the Consumer Code and the guarantee against hidden defects provided for in articles 1641 and following of the Civil Code.
The Customer has a period of two years from the receipt of the ordered products to act on the basis of the legal guarantee of conformity. In such a case, they will be able to choose between repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code. The Customer is exempt from proving the existence of the product's non-conformity during the 24 months following the delivery of the Product.
If acting on the basis of the guarantee against hidden defects, the Customer may choose between the termination of the sale or a reduction in the sale price, in accordance with Article 1644 of the Civil Code.
8.2 TIPTOQUE guarantees that the delivered products have been handled with the utmost care before packaging and shipping, which is carried out in a way that preserves the perfect condition of the products.
If the Customer is not fully satisfied with the quality of the delivered products, TIPTOQUE will refund the product(s) in question in case of alteration of the product quality. In this case, the Customer must immediately return the package to TIPTOQUE for verification or immediately contact TIPTOQUE by email at: julie@tiptoque.paris
However, TIPTOQUE cannot guarantee that the products will meet the personal taste expectations of the consumer.
8.3 Canned products must be stored in a cool, dry place. Perishable or semi-preserved products must be refrigerated between 0° and +4° upon receipt.
TIPTOQUE cannot be held responsible for the deterioration of products due to customer negligence and/or improper storage of products after delivery.
8.4 Similarly, TIPTOQUE cannot be held responsible for the deterioration of products due to non-compliance with the reheating instructions provided with the order.
9. Right of withdrawal
9.1 For perishable goods: in accordance with the provisions of Article 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for products likely to deteriorate rapidly. Perishable goods (requiring temperature-controlled storage) are neither returned nor exchanged.
9.2 For dry, long-shelf-life products: In accordance with the provisions of Article 221-18 of the Consumer Code, the Customer has a period of 14 calendar days from delivery to return the package in its original, unopened packaging, with the seals intact and in perfect condition, for the purpose of exchange or refund.
The Customer may withdraw from this contract without giving a reason within a period of fourteen days.
The withdrawal period expires fourteen days after the day on which the Customer, or a third party other than the carrier and designated by you, physically takes possession of the last good included in your order.
To exercise the right of withdrawal, the Customer must notify TIPTOQUE by means of an unambiguous statement (for example, a letter sent by post, fax or email) before the expiry of the withdrawal period.
In the event of withdrawal, TIPTOQUE will reimburse all payments received from the Customer, including delivery costs (excluding additional costs resulting from the Customer having chosen, where applicable, a delivery method other than the least expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. TIPTOQUE will make the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different method; in any event, this reimbursement will not incur any costs for the Customer.
TIPTOQUE reserves the right to delay the refund until it has received the goods or, at the very least, proof of shipment of the goods, the date taken being that of the first of these events.
The direct costs of returning the goods will be the sole responsibility of the Customer.
10. Intellectual property
The visual or sound elements reproduced on the Site, which are the exclusive property of TIPTOQUE, are protected by intellectual property law.
As such, without the prior written authorization of TIPTOQUE, the Client may not reproduce, represent, adapt, translate and/or partially or totally transform, or transfer to another website, any element comprising the Site.
Failure to comply with this prohibition may constitute an act of infringement, incurring the civil and criminal liability of its author. Finally, TIPTOQUE reminds users that any creation of a hyperlink to the homepage of this Site or any other page of the Site is subject to the express, prior, and written consent of TIPTOQUE.
11. Personal Data Protection Policy
To learn more about TIPTOQUE's personal data protection policy, visit its website.
12. Disputes – Mediation
In case of dispute, you must first contact the company's customer service from Monday to Friday, excluding public holidays or days off, at the address julie@tiptoque.paris.
If the complaint to customer service is unsuccessful or if the customer service does not respond within 21 days of receiving the complaint, the Customer may, in accordance with Article L. 612-1 of the Consumer Code, submit the dispute with TIPTOQUE to a mediator who will attempt, independently and impartially, to bring the parties together to reach an amicable solution.
The Customer may therefore use the mediation service […] to which TIPTOQUE belongs, free of charge.
The parties to the contract remain free to accept or refuse mediation, and, in the event of mediation, to accept or refuse the solution proposed by the mediator.
13. Applicable Law
This contract and the General Terms and Conditions governing it are subject to French law. In the event of a dispute concerning the interpretation or execution of these General Terms and Conditions, the parties agree to seek an amicable solution. Failing this, the dispute will be brought before the competent courts under the jurisdiction of the Court of Appeal of Paris.
LEGAL NOTICE
PRESENTATION OF THE PUBLISHER'S WEBSITE:
TIP TOQUE SAS with a capital of €40,860.00
813 464 146 RCS Nanterre
Registered office: 43 bis Rue Roger Jourdain 92500 Rueil Malmaison
The Member Service can be contacted at the following address: contact@tiptoque.paris
HOSTING PROVIDER:
Shopify – Shopify Inc. 126 York St. Ottawa, ON K1N 5T5 Canada
PUBLICATION DIRECTOR:
Edwy Rousseau, in his capacity as President of SAS TIP TOQUE
CNIL DECLARATION NUMBER:
1,889,393
INTELLECTUAL PROPERTY:
The website https://www.lucascarton.com/accueil and each of its elements are the exclusive property of TIPTOQUE SAS. They are protected by the Intellectual Property Code.