1. GTC's Agreement
The Customer declares that he/she has read and accepted these GTC before placing his/her Order. By placing an Order for a Product on Prosper Maufoux website, the Customer expressly accepts these GTC.
2. Products
The products offered by the site chosen by the Customer are those which appear in the catalogue published on Prosper Maufoux on the day of the Order, subject to availability.
The products presented for sale may be modified or deleted by the Seller without prior notice. The photographs and illustrations presented online are not contractual.
3. Creating an account
To place an order, the Client must create an account that will allow him/her to access his/her Order history.
When registering, the Customer chooses an identifier and a password to which he/she associates his/her surname/first names, date of birth, a precise address and an operational telephone number in order to enable the deliverer to deliver the order in the best possible conditions and time.
It is the Client's responsibility to keep his/her login and password strictly confidential and not to communicate them to third parties, in order to avoid as much as possible any risk of intrusion into his/her Client account and the placing of Orders without his/her knowledge by unauthorised persons. The Seller shall not be liable for any use of the Customer's account by a third party who may have had access to the Customer's login and password in any way whatsoever.
4. Ordering
- Go to the website Prosper Maufoux,
- Create an account or log in to your account with your username and password
- Select the information related to the order (date, time, address, delivery or takeaway).
- Place your order by selecting the Products,
- Confirm the Order after checking the summary of the Order,
- Accept the GTC,
- Possibly make the payment for the Order online
- The final validation of the Order implies the Customer's acceptance of these GTC, the acknowledgement of having full knowledge of them and the waiver of his/her own conditions of purchase or any other conditions.
5. Order confirmation
The final validation of the Order shall constitute proof of the completeness of the Order and shall constitute payment of the sums involved in the Order.
The Seller's computerised records, kept in the computer systems of the Seller or its back office service provider under reasonable security conditions, shall be considered by the Seller and the Customer as proof of the communications, orders, payments and transactions between the parties.
6. Cancellation and modification of an Order
According to the provisions of Article L121-20-2 3° of the French Consumer Code, the right of withdrawal applicable to distance selling cannot be exercised in the case of the supply of goods which, due to their nature, are likely to deteriorate or expire rapidly.
In application of this text, it is expressly stated that any Order placed on the Site is firm and definitive and that the right of withdrawal cannot be exercised.
Orders that have been definitively validated cannot be cancelled. No goods may be returned or exchanged.
7. Picking up or delivery of the Products
7.2 Once the order has been validated, delivery is generally made within 10 days, subject to variations due to a large number of orders and subject to a case of force majeure as defined by jurisprudence. All delivery times are therefore given as an indication and are not contractual.
7.3 delivery prices
- Delivery costs are invoiced to the Customer by the seller, and may vary according to the amount of the order, the volume and weight of the package and the place of delivery. The delivery costs take into account both the cost of preparing the package by the seller and the actual transport costs.
The amount of the delivery costs is indicated to the Customer before the final validation of the order.
8. Claims
Any question or claim concerning the Products delivered must be made within a maximum of twenty-four (24) hours after delivery of the said Products, to the Seller, by post, at the address appearing on the confirmation email sent at the time of any Order, or on the website Prosper Maufoux, no question or claim can be taken into account.
9. Prices
The prices appearing on the online Order pages of the Web Site are prices inclusive of all taxes in euros, taking into account the VAT applicable on the date of the Order.
The Seller reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalogue on the day of the Order shall be the only applicable price.
10. Terms of payment for the Order
Orders placed on the Site or on the Mobile Application are payable using the means of payment offered by the selected restaurant (bank cards), excluding payments by cheque.
Payments by credit card are made through a reliable and secure payment system that guarantees the confidentiality of credit card numbers through protection and encryption procedures.
11. Responsability
The Editor undertakes to ensure optimal access to the online order-taking service. However, the Publisher shall not be obliged to ensure the functioning of the Prosper Maufoux website, or of the order-taking service in the event of force majeure as defined by case law.
The Publisher also declines all responsibility in the event of interruption of the website Prosper Maufoux, the occurrence of bugs or operating errors, as well as in the event of direct or indirect damage, whatever the cause, origin, nature or consequences, caused as a result of anyone's access to the website Prosper Maufouxor the impossibility of accessing it, including the risks inherent in the use of the Internet such as loss of data, intrusion, viruses, disruption of service or any other similar risk.
The information on the website Prosper Maufoux is given for information purposes only, subject to error or omission.
The responsibility of the Publisher or the Seller cannot be engaged if the non-execution or the bad execution of an order is attributable to the customer or to technical constraints beyond the control of the Publisher or the Seller.The Publisher and the Seller shall not be held responsible for damages of any kind, whether material or immaterial, which may result from the misuse of the identifier or the order placement procedure, or from the delay, loss or misdelivery of an email or a text message, in particular an order confirmation, or from the fact that it has been sent or not to a wrong email address or telephone number.
The Customer is informed that the Publisher may rely on the skills of an external service provider to manage, in particular, its entire back office and the secure payment of online orders. The Customer undertakes never to seek the responsibility of the Publisher and to act directly with this service provider in the event of a dispute arising, in particular, when using the secure payment module. The Publisher will do its best to ensure that the e-mail address at which to contact the service provider is available and easily accessible.
12. Protection of personal data
The personal data collected on the Site are necessary for the processing of the order and may be communicated to the Publisher's partners upon express acceptance by the Customer.
In accordance with the General Regulation for the Protection of Personal Data (RGPD), the Customer has the right to access, modify, rectify and delete personal data concerning him/her, and the Customer may oppose the communication of his/her data to third parties. These rights may be exercised by contacting : Prosper Maufoux, with proof of your identity (photocopy of an identity document).
All information collected via the Website is intended for the management of orders, the management of the customer account, the follow-up of the customer relationship, to satisfy legal or regulatory obligations and to allow the sending of commercial offers and information on the products by electronic mail, sms, or postal letter. This information is used by the Marketing Department of Prosper Maufoux, and the Customer Service Department, via the Marketing Department Manager. Personal data will not be transmitted outside the European Union. Personal data is kept for a period of 3 years from the last contact.
The Customer may at any time request to no longer receive offers by e-mail or by sms, by unsubscribing when an e-mail or sms is sent to him by activating the link at the end of the message. For any request relating to access, modification or deletion of data, please contact Prosper Maufoux by e-mail at contact@prosper-maufoux.com.
13. Minors
In accordance with the provisions of Article L3342-1 of the French Public Health Code, as amended by Law n°2009-879 of 21 July 2009, the sale of alcohol to minors under the age of eighteen (18) is prohibited. Consequently, the purchase of any alcohol-based product during the Order is formally prohibited for minors under the age of eighteen (18). The Customer may be asked to show proof of identity when the Order is delivered.
14. Indivisibility
The nullity of one of the clauses of this contract in application of a law, a regulation or following a court decision shall not lead to the nullity of these GTC.
15. Règlement des litiges
In the event of a dispute, the Customer shall first contact the Seller and the customer service department in order to find an amicable solution by sending a registered letter with acknowledgement of receipt AND a copy of this letter to the customer service department: contact@prosper-maufoux.com
If the Customer is not satisfied with the response, he/she may refer the matter to the Franchise Consumer Mediation Commission (FCMC), whose mission is to help the parties find an amicable solution before any legal action is taken. To do this, the Customer must fill in a complaint form which can be found on the following website: prosper-maufoux.com.
