Update: August 6, 2019
These General Conditions of Use and Service (hereinafter the “GCU”) apply to the services offered by ABC62, hereinafter the “Company”, namely a free online restaurant table reservation service (hereinafter the “Service” or the “Services”), in accordance with the content detailed in these GCU for the user.
The use of our Reservation Service implies the unreserved acceptance of these GCU by customers reserving a table in (hereinafter, the “User” or “Users”), unless special conditions are agreed in writing by ABC62.
Should Users fail to accept the GCU in their entirety, they must refrain from accessing and using the Service.
These General Terms and Conditions may be revised at any time. As such, a revised version with the date of the update will be posted on the http://www.3brasseurs-coquelles.fr/ platform (hereinafter, the “Site”). Users will be bound by this revised version if they continue to use the Services after the date of revision of the TOS.
ABC62 may not be held liable in the event of non-performance or improper performance of the contract due either to the fault of the User, or to the insurmountable and unforeseeable fault of a third party to the contract, or to force majeure.
ABC62, a company with capital of €2,000, registered with the Coquelles Trade and Companies Register under number 492315486, with its head office at Ccial Cité Europe 1001 boulevard du kent 62231 Coquelles. VAT number: FR26492315486.
1. ABC62 offers an online booking service.
2. The use of the reservation module on the restaurant’s website in accordance with the present General Terms and Conditions is free of charge for the User (unless otherwise specified in accordance with article 4 of the present General Terms and Conditions relating to the particularities of using the service with bank pre-authorization).
To be able to use the Service, the User must have the capacity to contract, i.e. be at least 18 years old. To use the Service, the User connects via his Internet browser to the reservation module available on the Site. He/she registers by entering the mandatory information indicated on the form: civil status, surname, first name, e-mail address, cell phone number.
1. The Service cannot be used without the User’s prior registration.
2. The User accepts these GCU when registering.
3. It is the User’s responsibility to ensure that his/her e-mail address and telephone number are valid.
4. Notices sent by the Site platform by e-mail shall be deemed to have been given and received on the date of transmission of the e-mail.
5. Notifications sent by SMS from the Site platform shall be deemed to have been delivered and received on the date of transmission of the SMS.
6. The User agrees to receive e-mail communications from ABC62 relating to the reservation, such as confirmation, cancellation or notice information.
7. The User agrees to receive SMS communications from the Restaurant relating to the reservation, such as confirmation, cancellation or review request information.
8. The User accepts that this information may be used for statistical analysis by ABC62.
9. In the case of reservations with bank pre-authorization or prepayment, the prices of menus and dishes, in accordance with article L. 112-1 of the French Consumer Code, are indicated in euros, all taxes included. The total amount due by the User is indicated on the order confirmation page. The selling price of catering services is that in force on the day the order is placed. ABC62 reserves the right to modify prices at any time, while guaranteeing the User the application of the price in force on the day of the order. An invoice will be sent by ABC62 to the User.
10. The User may consult, in written form, legibly and visibly, the allergen register on site at ABC62’s restaurant or by requesting it by email at the following address: contact@3brasseurs-coquelles.fr.
The User acknowledges that he/she has been informed that ABC62 is entitled to request the User’s bank details at the time of booking by means of a pre-authorized bank transfer, and that ABC62 reserves the right to retain the User’s bank imprint in the event of a booking not being honored by the User or of late cancellation by the User, i.e. less than 2 hours before the scheduled reservation time, in accordance with article L221-28, 12 of the French Consumer Code, the User may not exercise his/her right of withdrawal for catering services and leisure activities that must be provided on a specific date or during a specific period.
This imprint will not be debited except in the event of late cancellation or non-honored reservation. The User must provide a payment card valid after the reservation.
1. Company ABC62 will have previously defined a rate associated with the reservation, which will be mentioned on the reservation form before the User accepts these GCU. This rate corresponds to an amount per place setting multiplied by the number of place settings in the reservation made by the User.
1.a. In the event of a change in the number of place settings in the reservation by the User, this rate may increase in the event of an increase in the number of place settings, or decrease in the event of a decrease in the number of place settings. The final rate always corresponds to the number of covers multiplied by the amount defined by ABC62 per cover.
1.b. Requests to change the number of covers must also be made within the time limit set by ABC62, i.e. 2 hours before the scheduled reservation time.
2. Under no circumstances will this pre-authorization be used as prepayment by ABC62 for the service booked by the User. The sole purpose of pre-authorization is to guarantee Société ABC62 the arrival of the User and any guests. No amount is deducted from the User at the time of booking (In the case of pre-authorization by debit card, an amount may be held in escrow by the User’s bank, but in no case will it be paid to ABC62). Payment for the service by the User must be made to ABC62 by cash (within the regulatory limit), cheque (drawn exclusively on a bank domiciled in France), credit card or any other method of payment accepted by ABC62.
3. In the event that the number of people coming to the restaurant is less than the number of covers planned when the reservation was made or after the number of covers has been modified by the User, the difference between the number of covers planned and the number of covers actually present may be deducted by the restaurant from the bank details provided by the User.
4. In the event of non-appearance of the User or part of the guests at the restaurant, all or part of the amount of the pre-authorization may be deducted by ABC62 from the User’s account. This payment can be made at any time after the scheduled reservation time.
5. As Company ABC62 uses the services of Zenchef, the mention of Zenchef as the initiator of payment may be indicated on the User’s bank account in the event of total or partial non-presentation by the User and direct debit, it being understood that the services booked are offered directly by Company ABC62 and not by Zenchef. By using the table reservation service with ABC62, the User enters into a contract directly with ABC62, Zenchef not being a party to the contract.
6. In the event of expiry, loss, theft, lack of funds on the means of payment provided by the User or technical incapacity preventing the withdrawal of funds, the User undertakes to settle the debt contracted with ABC62 Company by any means made available to the User by ABC62 Company, on the same day as the reservation. For users registered with the French Trade and Companies Registry, any delay in payment will, after formal notice has been sent, result in the invoicing of late payment interest, exclusive of all taxes, at a rate equal to the European Central Bank rate plus 10 points. These penalties will be applied from the principal due date to the date of full and effective payment. A flat-rate indemnity of €40 to compensate for collection costs will automatically be payable by all professionals in the event of late payment (art. L441-10 of the French Commercial Code).
7. In the event of a reservation with bank pre-authorization, the User will be asked to provide additional information to that required for a reservation within the framework of the service, namely: the name of the credit card holder, the type of credit card, the credit card number, the expiration date of the credit card and the credit card security code. Depending on the banking institution, 3DSecure identification may be required.
8. The entire pre-authorized bank booking process is protected by an SSL security certificate issued by Zenchef SAS. Bank details are stored by Stripe, supplier of the pre-authorization and direct debit technology. The current Stripe privacy policy applies to storage and user security (See https://stripe.com/fr/privacy).
9. ABC62 reserves the right to request pre-authorization after confirming or modifying a reservation without being obliged to give any particular reason.
The User acknowledges that he/she has been informed that ABC62 is entitled to request the User’s bank details at the time of booking by immediate bank prepayment.
ABC62 reserves the right to retain the User’s bank imprint in the event of services exceeding the amount prepaid by the User.
This imprint will not be subject to an additional debit except in the case of additional services during the meal, not specified at the time of reservation by the User. The User must provide a payment card valid after the reservation.
1. Company ABC62 will have previously defined a rate associated with the reservation, which will be mentioned on the reservation form before the User accepts these GCU. This rate corresponds to an amount per place setting multiplied by the number of place settings in the reservation made by the User.
1.a. In the event of a change in the number of place settings in the reservation by the User, this rate may increase in the event of an increase in the number of place settings, or decrease in the event of a decrease in the number of place settings. The final rate always corresponds to the number of covers multiplied by the amount defined by ABC62 per cover.
1.b. Requests to change the number of covers must also be made within the time limit set by ABC62, i.e. 2 hours before the scheduled reservation time.
2. This prepayment will be used as payment by ABC62 for the service booked by the User. The purpose of prepayment is to guarantee Société ABC62 the arrival of the User and any guests, and payment of the bill for the meal booked. The sum agreed in 1 of the present article 5 is charged to the User at the time the reservation is made, and in accordance with article L221-28, 12 of the French Consumer Code, the User may not exercise his right of withdrawal for the provision of catering services and leisure activities which must be provided on a specific date or period.
If the bill to be paid by the User and his guests exceeds the amount pre-paid by the User, payment of the balance by the User must be made to Société ABC62, by cash (within the regulatory limit), cheque (drawn exclusively on a bank domiciled in France), bank card or by any other method of payment accepted by Société ABC62.
3. In the event that the number of people arriving at the restaurant is less than the number of covers planned when the reservation was made or after the number of covers has been modified by the User, the difference between the number of covers planned and the number of covers actually present will not be reimbursed by Société ABC62.
4. In the event that the User or some of the guests do not attend the restaurant, the User will not be reimbursed for any sums paid.
5. As ABC62 uses the services of Zenchef, the mention of Zenchef as the initiator of payment may be indicated on the User’s bank account, it being understood that the services booked are offered directly by ABC62 and not by Zenchef. By using the table reservation service with ABC62, the User enters into a contract directly with ABC62, Zenchef not being a party to the contract.
6. In the event of expiry, loss, theft, lack of funds on the means of payment provided by the User or technical incapacity preventing the withdrawal of funds, the User undertakes to settle the debt contracted with ABC62 Company by any means made available to the User by ABC62 Company, on the same day as the reservation. Any delay in payment will, after formal notice has been sent, result in the invoicing of interest on arrears, exclusive of all taxes, at a rate equal to the European Central Bank rate plus 10 points. These penalties will be applied from the principal due date to the date of full and effective payment.
A fixed indemnity of €40 to compensate for collection costs will automatically be payable by all professionals in the event of late payment (art. L441-10 of the French Commercial Code).
7. In the event of a reservation with prepayment, the User will be asked for additional information to that required for a reservation within the framework of the service, namely: the name of the credit card holder, the type of credit card, the credit card number, the expiry date of the credit card and the credit card security code. Depending on the banking institution, 3DSecure identification may be required.
8. The entire prepayment reservation process is protected by an SSL security certificate issued by Zenchef SAS. Bank details are stored by Stripe, supplier of the pre-authorization and direct debit technology. The current Stripe privacy policy applies to storage and user security (See https://stripe.com/fr/privacy).
9. ABC62 reserves the right to request prepayment after confirming or modifying a reservation without being obliged to give any particular reason.
10. Société ABC62 is entitled to keep the sums paid by the User when the latter renounces to conclude or execute the contract, and the User has the possibility of receiving an indemnity of an equivalent amount, or equal to double in the case of payment of a deposit within the meaning of article L. 214-1 of the Consumer Code, if it is Société ABC62, which renounces it.
1. By entering information, the User accepts, expressly and without reservation, the terms of these general conditions and any special conditions present on the Site.
2. The User undertakes to provide accurate and truthful information, in particular concerning his/her civil status, surname, first name, e-mail address and telephone number, necessary for proper identification (as well as bank details only in the case of pre-authorization and prepayment).
3. The User undertakes not to :
– use the Service in a manner likely to harm Société ABC62 or its partners.
– use any part of the Service as a tool to mislead ABC62 or to send unwanted commercial messages.
– use an automated process or service to access and/or use the Service
– damage, disable, overburden or impair the Service, or interfere with any other party’s use and enjoyment of the Service.
In strict compliance with applicable laws and regulations, ABC62 wishes to collect certain information. This information is collected in accordance with the provisions relating to the protection of personal data and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
The Site and/or its partners may store information on the User’s computer. This information will take the form of a “Cookie” or similar file.
Cookies” are small pieces of information sent to the User’s device and stored on his or her hard disk to enable websites to recognize the User when he or she consults them.
When the User consults the Site, Société ABC62, subject to the User’s consent, may use cookies, pixel tags and other technologies to collect the following data:
– IP address, connection information, browser type, location, time zone, operating system and other technical information,
– Visit information, including websites visited before and after the Site and products viewed,
– Duration of visits to pages on the Site and information on User interactions with pages.
The User acknowledges and accepts that ABC62, with his/her consent, reserves the right to install a “Cookie” on his/her computer in order to record any information relating to the browsing of his/her computer on the Site.
The User is hereby informed that personal data collected within the framework of the Service, with his/her consent, are used within the framework of this Service:
– for the purposes detailed in 3.6. and 3.7. which are intended for the exclusive use of Société ABC62, which takes the necessary precautions to preserve data security.
– for the purpose detailed in 3.8. and more specifically in the case of information relating to reservations made by the User in one or more restaurants having contracted with Zenchef, and using the reservation service, certain personal data collected may be used for statistical purposes or behavioral analyses, in order to enable ABC62 to facilitate the estimation of potential no-shows linked to the User’s reservations.
By registering, the User consents to the processing of his/her personal data.
The User’s personal data may not be transferred to a country outside the European Economic Area.
In addition, the User will be asked at the time of creating his/her account whether or not he/she gives his/her consent to ABC62 to use and/or transfer this information in the context of partnerships, in accordance with the law, in particular in order to provide the User with personalized information and services.
In accordance with applicable data protection regulations, the User has the right of access, the right of rectification, the right of deletion, the right of restricted processing, the right to obtain a copy of his personal data for his own purposes or to provide them to another data provider of his choice, as well as the right to object to the processing of his personal data when these are processed for direct marketing purposes.
The User may also withdraw his consent at any time if the processing is based on his consent.
All these rights apply to the extent permitted by the applicable data protection regulations.
To exercise these rights, the User simply needs to send a request by post to ABC62’s subcontractor, ZENCHEF- Vie privée 63 avenue de Villiers 75017 Paris, or to the following e-mail address: privacy@zenchef.com.
The User may also exercise his right to lodge a complaint with the national data protection authority by sending his request to the CNIL at the following address:
Commission Nationale de l’Informatique et des Libertés (French Data Protection Authority)
Complaints department
3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07
An online claim form is available by clicking on the following link: https: //www.cnil.fr/fr/plaintes
ABC62 is the only company authorized to exploit the intellectual property rights relating to its restaurant and the restaurant’s website, of which it is the owner.
The elements accessible, notably in the form of texts, photographs, images, icons and sounds, are also protected by intellectual and industrial property rights and other private rights.
The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the trademarks of ABC62 without its prior authorization. Any unauthorized use, for whatever reason, of all or part of the information may be the subject of any appropriate action, in particular an action for infringement.
1. Company ABC62 reserves the right to modify or suspend the Service or certain of its functionalities without notice of repair, maintenance, improvement or other technical reason and for any reason whatsoever without prior notice and without obligation to justify its action.
2. Once the service has been suspended, it can no longer be used by the User. The User always has the right to access and rectify this data, which can be exercised by sending a message to the following e-mail address: privacy@zenchef.com.
These GCU are governed by French law.
The User is hereby informed that he/she may in any event have recourse to conventional mediation in the event of a dispute.
Consumers are also reminded that they have the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of a dispute with a professional. To this end, ABC62 guarantees the User effective recourse to a consumer mediation mechanism.
Mediation of consumer disputes: In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, ABC62 adheres to the service of the E-commerce Mediator whose contact details are as follows: GREGORY BONDUEL.
To find out how to contact the mediator: GREGORY BONDUEL.
Finally, it should be noted that mediation is not compulsory, but only offered as a means of resolving disputes without resorting to legal action.
The User may also contact the dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
In the absence of an amicable solution, the case will be brought before the competent courts, it being specified that the time limits for taking legal action are not interrupted while such an amicable solution is being sought.
In the event of any dispute or controversy, the French courts shall have sole jurisdiction and French law shall be exclusively applicable.
Disputes arising with users registered in the Trade and Companies Register will be submitted to the Commercial Court where ABC62 is registered.
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