Terms and Conditions of Sale

SOC GEN DE RESTAURATION MATIGNON, a simplified joint-stock company (SAS) with a share capital of €96,000, registered with the Paris Trade and Companies Register under number RCS 514 132 901, VAT Identification Number FR66 514 132 901, whose registered office is located at 1 Avenue de Matignon, 75008 Paris, France (hereinafter referred to as “GIUSE”), operates a website accessible at https://www.delivery.giuse.fr (hereinafter referred to as the “Website”).

ARTICLE 1. PURPOSE OF THE TERMS OF SALE AND CURRENT VERSION

1.1 These Terms and Conditions of Sale (“T&Cs”) are intended to define the conditions under which Customers may access and use the Website and place orders with GIUSE, including all rights and obligations arising therefrom.

They apply to all orders placed by Customers through the Website and exclusively through this ordering channel. Where applicable, these T&Cs shall prevail over any conflicting document unless expressly agreed otherwise in writing by both the Customer and GIUSE.

1.2 All Customers accessing the Website undertake to comply with these T&Cs without restriction or reservation. The T&Cs are available at any time on the Website and are also brought to the Customer’s attention before confirming an order.

1.3 GIUSE reserves the right to amend these T&Cs at any time, particularly to reflect legal, regulatory, editorial, technical, or case law developments.

Any amendments shall become effective upon publication on the Website. Customers are therefore encouraged to review the T&Cs regularly, as the date of the latest update is indicated on the Website.

In the event of modification, the applicable T&Cs shall be those in force on the date the Customer places the order.

ARTICLE 2. PRODUCTS

2.1 The products offered for sale by GIUSE are those available online on the date the Customer places the order, subject to stock availability.

Customers will be informed of any product unavailability at the time of placing their order.

Should a product ordered by the Customer become unavailable after the order has been placed, GIUSE will contact the Customer as soon as possible in order to offer one of the following options:

* cancellation of the order and reimbursement of the unavailable product;
* postponement of the delivery date pending restocking of the product, where applicable;
* replacement of the unavailable product with a product of equivalent value.

In the event of cancellation and refund, reimbursement will be made within ten (10) days of the order date using the same payment card used for the purchase.

2.2 Each product offered for sale on the Website includes a summary of its main characteristics, as well as a detailed description (including, in particular, the composition of the product), accessible by selecting the relevant product and viewing its dedicated page.

2.3 Product prices are displayed in euros (€), inclusive of all applicable taxes. Prices take into account any promotional discounts and the VAT rate in force on the date of the order.

Delivery charges are not included in the product price and will be charged separately to the Customer. The applicable delivery fee is displayed before final confirmation of the order.

The prices applicable to the order are those displayed on the Website at the time the Customer validates the order.

ARTICLE 3. ORDERS

3.1 Customers may browse the Website and view the products available for sale without any obligation to purchase or register, except where certain promotional offers or discounts are reserved for account holders and require login credentials to access.

3.2 Any person wishing to place an order on the Website must be at least eighteen (18) years of age on the date the order is placed.

To place an order, Customers must create an account on the Website. They must either log in using their username and password or complete the account registration form.

To create an account, Customers must provide the following information:

* Title
* Last name
* First name
* Date of birth
* Full postal address
* Telephone number
* Valid email address
* Password

Customers undertake to provide complete, accurate, up-to-date and truthful information. GIUSE shall not be held liable for any consequences arising from inaccurate or incomplete information.

Customers acknowledge that certain information is mandatory for the proper processing and fulfilment of their order.

If a Customer forgets their password, a new password may be obtained via the “Forgot Password” link. An email will be sent with instructions for creating a new password.

Customers acknowledge that the use of their email address and password constitutes proof of identity and binds them to any order placed through their account.

Customers are solely responsible for safeguarding their password and are strongly advised not to disclose it to any third party. Customers must immediately notify GIUSE of any unauthorized use of their login credentials.

3.3 The ordering process takes place in two stages.

The Customer selects one or more products by clicking “Add to Cart”, after reviewing the relevant product information and ensuring that the selected products meet their expectations.

Once products have been selected, the Customer may:

* Continue shopping by clicking “Continue Shopping”;
* Review the order summary by clicking “My Cart”;
* Complete the purchase by clicking “Checkout”.

To finalize the order, the Customer must select the delivery method, payment method, billing address and delivery address.

Before confirming the order, a complete summary is displayed including:

* Products ordered;
* Quantities;
* Product prices;
* Delivery fees;
* Delivery method;
* Requested delivery date;
* Any other relevant information.

The Customer must accept these Terms and Conditions of Sale and click “Place Order” to complete the purchase.

The total amount payable, including VAT and delivery charges, will be clearly displayed in euros before order confirmation.

Until the order is validated, Customers may modify or cancel all or part of their order using the “Edit Cart” or “Modify” functions.

Payment validation by the Customer renders the order final and binding, except where otherwise provided by applicable law. Once validated, the order may no longer be modified, including quantities, products, delivery dates or delivery times.

Orders may only be placed for delivery addresses served by GIUSE. Delivery areas are listed on the “Delivery & Pickup” page.

3.4 Orders may be paid for by credit or debit card (Visa or Mastercard) through the secure payment platform provided by STRIPE.

To validate payment, the Customer must enter a security code sent by SMS to the telephone number registered with their account.

When paying by card, the Customer must provide:

* Cardholder name;
* Card number;
* Expiry date;
* Three-digit security code (CVV).

Orders will only be processed once payment has been authorized by the Customer’s bank.

3.5 Once the order has been confirmed and payment successfully completed, the Customer will receive an order confirmation email.

This email will summarize the order details, including:

* Products ordered;
* Prices;
* Delivery information;
* Estimated delivery time;
* Information relating to the right of withdrawal, where applicable.

Customers are advised to print and/or retain a copy of the order confirmation for their records.

ARTICLE 4. RIGHT OF WITHDRAWAL

Customers are reminded that, in accordance with applicable consumer protection laws, certain products are excluded from the right of withdrawal as provided for under Article L.221-28 of the French Consumer Code.

In particular, the right of withdrawal does not apply to:

* Products that are liable to deteriorate or expire rapidly;
* Goods made to the Customer’s specifications or clearly personalized;
* Goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
* Alcoholic beverages whose delivery is scheduled more than thirty (30) days after the conclusion of the contract and whose value depends on market fluctuations beyond GIUSE’s control.

Except for the categories listed above and any other products excluded by applicable law, Customers may exercise their statutory rights in accordance with the provisions of the French Consumer Code.

ARTICLE 5. USE OF THE PLATFORM – CUSTOMER OBLIGATIONS

5.1 When registering on the Website, Customers undertake to provide true, accurate, current, and complete information regarding their identity and contact details. The use of pseudonyms is strictly prohibited.

Customers agree to promptly update any information provided during registration should it change.

Customers are reminded that Article 226-4-1 of the French Criminal Code provides that identity theft or the use of personal information belonging to another person with the intention of disturbing their peace or damaging their reputation is punishable by one year of imprisonment and a fine of €15,000.

Any Customer who becomes aware of identity theft or fraudulent use of personal information must immediately inform GIUSE by email at contact@giuse.fr.

Each Customer may create and maintain only one personal account on the Website.

5.2 Customers are solely responsible for the use of their account and for safeguarding their login credentials and password.

Any identity theft, loss, misappropriation, unauthorized access, or unauthorized use of a Customer’s account or credentials shall be the sole responsibility of that Customer.

In such cases, the Customer must notify GIUSE immediately by email at contact@giuse.fr, providing their name, postal code, city, date of birth, telephone number, email address associated with the account, and, where possible, their previous password.

The abusive use of this reporting procedure may result in liability for the person making the report.

Customers also acknowledge that they are the sole users of their mobile devices and remain fully responsible for all equipment used to access the Website, including their email account, login credentials, passwords, and connected devices.

Customers agree to take all necessary measures to protect and secure their equipment and login credentials and shall never disclose them to third parties.

Customers acknowledge and accept the risks associated with loss or theft of credentials, hacking, or any fraudulent activity enabling unauthorized access to their account.

5.3 If GIUSE becomes aware of any unlawful activity carried out by a Customer through or in connection with the Website, or any breach of these Terms and Conditions or applicable laws and regulations, GIUSE may immediately suspend or terminate the Customer’s account without notice or compensation.

GIUSE reserves the right to initiate legal proceedings before the competent authorities against any Customer whose use of the Website violates these Terms and Conditions.

5.4 Customers acknowledge that access to the Website may be subject to certain technical requirements.

In particular, Customers must have:

* A broadband internet connection;
* A recent and compatible web browser.

Any difficulties resulting from the Customer’s failure to meet these requirements shall not give rise to any liability on the part of GIUSE.

ARTICLE 6. NO WAIVER – ENTIRE AGREEMENT – EVIDENCE OF TRANSACTIONS

6.1 The failure by GIUSE to enforce any provision of these Terms and Conditions, or to act upon any breach or default by the Customer of any contractual or legal obligation, shall not be construed as a waiver of its right to subsequently rely upon or enforce such provision, breach, or default.

6.2 Should any provision of these Terms and Conditions be declared invalid, unlawful, or unenforceable, such provision shall be deemed severable and treated as unwritten, without affecting the validity and enforceability of the remaining provisions, which shall remain in full force and effect.

6.3 Unless proven otherwise, the data recorded and stored by GIUSE shall constitute conclusive evidence of all transactions, communications, orders, payments, and exchanges carried out through the Website.

ARTICLE 7. CUSTOMER SERVICE

Customers may contact GIUSE at any time:

* By telephone: +33 1 44 07 38 23, Monday to Friday from 10:00 AM to 7:00 PM;
* By post: GIUSE, 125 Rue du Faubourg Saint-Honoré, 75008 Paris, France;
* By email: contact@giuse.fr

GIUSE’s Customer Service team is available to answer questions relating to orders, deliveries, payments, products, and any other matter concerning the use of the Website and its services.

ARTICLE 8. GOVERNING LAW AND COMPETENT JURISDICTION

These Terms and Conditions of Sale shall be governed by and construed in accordance with French law.

In the event of any dispute relating to an order, the Customer shall first contact GIUSE in order to seek an amicable resolution by email at contact@giuse.fr.

Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution (ODR) Platform, designed to facilitate the independent out-of-court resolution of disputes between consumers and businesses within the European Union.

The platform is available at the following address:

https://webgate.ec.europa.eu/odr/

If no amicable solution can be reached, any dispute arising out of or relating to these Terms and Conditions of Sale, including but not limited to their formation, performance, interpretation, validity, termination, or cancellation, as well as any interim or emergency proceedings, third-party claims, applications, or cases involving multiple defendants, shall be submitted to the competent French courts in accordance with the applicable rules of jurisdiction.

It is expressly specified that any attempt to reach an amicable settlement or engage in mediation shall not suspend the applicable statutory limitation periods for bringing legal proceedings.