Article 1 – Definitions
For the purpose of these General Conditions of Sale, the following definitions shall apply:
- The subscriber: the natural or legal person with whom Restaurants de France is entering into a contract in relation to the sale of services and associated media;
- The medium: the media and services to be used by Restaurants de France for the subscriber;
- The advertising: messages or information about the subscriber, in particular in the form of items publicised via the internet and any written insertions, and any other service by Restaurants de France intended to raise awareness of or promote the subscriber’s goods or services.
Restaurants de France is a trade mark owned by the limited liability company KAIROS REALISATIONS, Nice Commercial and Companies Register (CCR) no. 751 416 934, head office: 39 Chemin de Terron, 06200 Nice. Restaurants de France is a website published by the aforesaid company (KAIROS REALISATIONS). For the purposes of the entirety of these General Conditions of Sale, the sole legal representative of Restaurants de France shall be the limited liability company KAIROS REALISATIONS, Nice CCR no. 751 416 934, head office: 39 Chemin de Terron, 06200 Nice.
Restaurants de France can be contacted in the following ways: by emailing firstname.lastname@example.org or by telephoning 0033 7 68 71 74 75.
Article 2 – Partnership
Restaurants de France is operated in partnership with the following organisation: Joy Créations, CCR no. RCS Nice 790 483 044, for commercial and artistic management.
Article 3 – Applicability
3.1 The present General Conditions of Sale are applicable to all legal relationships between the subscriber and Restaurants de France, for any purpose or under any name whatsoever, in connection with the sale of the advertising on the medium. Unless Restaurants de France and the subscriber expressly agree otherwise, any order shall automatically imply that the client accepts the present General Conditions.
3.2 Any clauses that contradict the present General Conditions shall be applicable solely if and to the extent that Restaurants de France has expressly accepted them. Any General Conditions used by the subscriber have no force, unless Restaurants de France has expressly accepted that they are applicable.
3.3 This offer concerns the inclusion of the subscriber’s establishment in the www.restaurantsdefrance.com internet guide, solely for the media corresponding to those proposed by Restaurants de France. This offer is optional and non‑compulsory. It shall take effect when a subscription is taken out and the annual subscription fee is paid using the secure payment methods provided. The subscriber shall receive a settled invoice by post together with all the media that relate to this offer, namely an adhesive sticker measuring 20×20cm, for example: “Recommended for 2018‑2019”, or, at its own choice, the brass or aluminium plaque measuring 20×20cm, for example: “Recommended for 2018‑2019”, and a printed copy of the Restaurants de France Charter, for example: “2018-2019 Charter”. The dates appearing on the stickers and plaques shall be updated every year. Each support must be necessarily shown on the facade and in the restaurant in a visible way for the customers. Restaurants de France undertakes to publicise the subscriber following receipt of its acceptance validated by its payment. The stated publicising corresponds to uploading to the internet guide www.restaurantsdefrance.com. Restaurants de France reserves the right to contact the subscriber to obtain any useful information. The subscriber acknowledges that it has familiarised itself with the General Conditions of Sale before paying to be publicised under the present offer.
Article 4 – Publicising fee
The applicable fee is as stated on the offer, at the choice of the subscriber. This fee remains applicable throughout the duration of the contract deriving from this choice, over an annual period.
Article 5 – Payment conditions
The offer made by Restaurants de France to the subscriber covers the cost of the publicising services rendered by Restaurants de France which are to be paid thanks to secure payment methods provided.
5.1 The registration contract with Restaurants de France shall take effect as of the date of payment. The subscriber, by taking out a subscription and by paying for the chosen Restaurants de France offer, accepts all the General Conditions of Sale which can be accessed online on the website www.restaurantsdefrance.com or by sending a request to email@example.com.
5.2 A cooling-off period of 14 days starting from the date of payment shall be observed. The subscriber may exercise its right to withdraw by contacting Restaurants de France via the email address firstname.lastname@example.org. The subscriber’s bank account shall be credited within 14 days from the date of receipt of the reimbursement request. For any requests or further information, a telephone number is available for the subscriber: 0033 7 68 71 74 75.
Article 6 – Obligations of Restaurants de France
6.1 Restaurants de France shall do everything within its power to provide the services to the subscribers without failure. The word ‘failure’ is understood to mean a lack of availability of the services for the purpose of use, other than during periods of maintenance.
6.2 Restaurants de France expressly gives no guarantee that the services may be used at any time and without interruption or failure. In respect of a service failure, Restaurants de France is responsible solely for rectifying the unavailability or for re‑delivering the unavailable service. Restaurants de France is entitled to suspend the service in order to resolve a failure, without being held liable for any damages that the subscriber may incur in that regard.
Article 7 – Obligations of the subscriber
7.1 The subscriber shall refrain from infringing any third‑party intellectual property rights and shall release Restaurants de France from any possible third‑party claims concerning the use of the services proposed by Restaurants de France.
7.2 The subscriber is responsible for the correct delivery of the data and/or materials required for the services to be rendered by Restaurants de France. Restaurants de France can in no way be held liable by the subscriber, and the latter holds responsibility for approving all of the items on its dedicated page.
7.3 The subscriber shall provide to Restaurants de France all the information that is necessary and requested in order for Restaurants de France to render the services. The subscriber shall immediately inform Restaurants de France of any amendments to the data that it has provided to Restaurants de France.
7.4 The subscriber shall ensure that its establishment complies with the terms of the Restaurants de France Charter and shall release Restaurants de France from any liability if the terms of the Charter have not been observed in full. With this in mind, it undertakes to sign the Charter each year and to send it to Restaurants de France using all methods available to it (e.g. online form available at www.restaurantsdefrance.com, by emailing email@example.com, etc.).
7.5 The subscriber consents to Restaurants de France entering its personal data in the Restaurants de France register of subscribers. This register of subscribers is only accessible to Restaurants de France and is used exclusively for administrative purposes or for the marketing activities of Restaurants de France itself. The register of subscribers is not made available to third parties without the subscriber’s prior agreement. The collection and processing of data by Restaurants de France have been declared to the Commission Nationale de l’Informatique et des Libertés (the French data protection authority) in accordance with Law No 78‑17 of 6 January 1978, under number 2073047.
The subscriber has the right to access, correct and delete these data and may exercise this right at any time by writing to Restaurants de France at the following address: firstname.lastname@example.org.
Article 8 – Guarantees made by the subscriber
The subscriber guarantees to Restaurants de France that it has obtained all the rights and authorisations that are required in order to make the advertising available online on the medium, and undertakes to hold Restaurants de France harmless from any claims in the event of a serious third‑party complaint regarding the content of the advertising.
Article 9 – Formation, duration and termination of the contract
9.1 Restaurants de France shall make an offer via any type of medium to the subscriber for the latter to choose and accept. If the offer is accepted, the subscriber must return the signed Restaurants de France Charter using all methods available to it (e.g. online form available on the internet guide www.restaurantsdefrance.com, by emailing email@example.com, etc.); the contract thereby formed is made available online upon actual receipt of the fee corresponding to the choice made by the subscriber.
9.2 The contract between Restaurants de France and the subscriber is entered into for a period of one year.
9.3 Membership of the Restaurants de France guide is granted and accepted for an irrevocable period of 12 months starting from the date of payment. Each of the parties may, by giving 30 days’ prior notice, terminate the contract at the end of the initial period by emailing firstname.lastname@example.org.
If the contract is not terminated upon expiry of this initial period, it shall be extended indefinitely by tacit renewal for a further period of 12 months at the end of which it may again be terminated in accordance with the protocols mentioned above.
9.4 Restaurants de France reserves the right to carry out any unplanned checks at the premises where the subscriber operates in order to ascertain that the Restaurants de France Quality Charter signed by the subscriber is genuinely being complied with. In the event that one of the items on the Charter is not being complied with, and depending on the severity of the breach, the subscriber shall either receive a warning, requiring it to make the necessary changes in order to comply therewith, or it shall be immediately informed that its Restaurants de France membership is terminated, with all the consequences deriving therefrom (cf. Article 11.2), and shall not be entitled to claim any reimbursement of its annual subscription fee.
Article 10 – Exclusivity and confidentiality
10.1 The subscriber acknowledges that it has no exclusivity rights in respect of the advertising space to which the contract relates.
10.2 Should the subscriber fail to observe the present confidentiality obligation, the contract may be cancelled without the subscriber being entitled to any compensation.
Article 11 – Intellectual property
11.1 All content, trade marks, logos, distinctive signs and other references in respect of Restaurants de France are the sole property of Restaurants de France, a trade mark registered and protected by the limited liability company KAIROS REALISATIONS, Nice CCR no. 751 416 934, head office: 39 Chemin de Terron, 06200 Nice. The subscriber shall not therefore acquire any property rights or usage rights in respect of the content or carrier disseminated via any Restaurants de France medium.
11.2 If either one of the parties terminates the Restaurants de France membership, the subscriber shall be obliged to remove the sticker(s) and/or the plaque(s), and all visual references pertaining Restaurants de France in its establishment, from its website and from all other media, at the risk of facing legal proceedings. It shall be deleted from the internet guide www.restaurantsdefrance.com.
11.3 The subscriber transfers to Restaurants de France, for the duration of the contract, free of charge and non-exclusively, the rights of reproduction in respect of the advertising without limitations or reservations.
Article 12 – Limitation of liability
12.1 Restaurants de France is not liable for incorrect declarations made by the subscriber if the latter signs the Restaurants de France Charter despite not fulfilling all the obligations required. The commitment to make such declarations is undertaken by the subscriber, and Restaurants de France is not required to carry out any form of verification.
12.2 Restaurants de France holds no liability to the subscriber in the event of any breach in the execution or non‑execution of any obligation deriving from the contract, insofar as such breach in execution or non‑execution cannot be attributed to an error on the part of Restaurants de France and is not the responsibility of Restaurants de France by virtue of the law, of a legal instrument or of prevailing opinion in the business trade.
12.3 Restaurants de France shall accept liability for damages incurred by the subscriber only if such damages result from a breach attributable to the execution of the contract and the reinstatement of the medium shall be deemed the sole remedy for the damages. Restaurants de France expressly holds no liability for any trading losses, consequential losses or other indirect losses or damages, including loss of earnings, loss of savings or loss of data, except in the case of wilful negligence or intent.
12.4 The subscriber expressly acknowledges that Restaurants de France is not liable for any faults connected with the medium and data that may render incorrect the information made available online in the advertising. Restaurants de France undertakes to correct the aforesaid information at the subscriber’s request. These faults shall under no circumstances be capable of justifying the cancellation of the contract, nor of entitling the subscriber to any compensation whatsoever, and the subscriber shall remain liable for the sums invoiced by Restaurants de France on the date agreed and for all the services rendered.
12.5 In the event of force majeure, or under any other circumstances the cause of which is external to and/or beyond the control of Restaurants de France , any delay in disseminating or failure to disseminate the advertising shall not be capable of justifying the cancellation of the contract by the subscriber, nor shall it entitle the latter to any damages. For its part, Restaurants de France undertakes to publish the subscriber’s details in the internet guide www.restaurantsdefrance.com and other media as soon as it has the technical means allowing it to do so once again, and this shall apply for the duration initially arranged.
12.6 Given that the guide www.restaurantsdefrance.com is a website accessible to the public, Restaurants de France shall not be liable if any data should be recovered and/or used in any way whatsoever, without reservations or limitations, for any purpose whatsoever.
Article 13 – Non‑transferable nature of the contract
The subscriber undertakes not to transfer any of the rights under the present General Conditions and/or the contract to any person whatsoever, whether or not in return for payment, without the express consent of Restaurants de France Any violation of the present undertaking shall give rise to the immediate annulment of the contract and may result in legal proceedings.
Article 14 – Final provisions
14.1 The present General Conditions are subject only to French law.
14.2 Any dispute that may result from the validity, interpretation, termination or execution of the present General Conditions or the contract entered into between Restaurants de France and the subscriber, where no amicable settlement is reached, shall be subject to the jurisdictions of the competent French courts.