GENERAL TERMS AND CONDITIONS OF SALE AND LEGAL NOTICES
1. Website Presentation
TIPTOQUE (hereinafter "TIPTOQUE") specializes in ordering and ordering meals prepared by chefs for delivery and click & collect. TIPTOQUE offers its products for sale through its website https://geoelia.com/ (hereinafter the "Site"). The website is accessible to all internet users.
The Site is published by TIPTOQUE, a simplified joint-stock company, having its registered office at 43 bis rue Roger Jourdain – 92500 RUEIL MALMAISON, registered with the Nanterre Trade and Companies Register under number 813 464 146.
email: julie@tiptoque.paris
2. Applicability and enforceability of these General Terms and Conditions against the Client
2.1 All orders placed on the Site are subject to these general terms and conditions of sale (hereinafter the "GTC").
2.2 The customer declares to be a natural person, aged at least 18 years and to have the legal capacity or to hold parental authorization allowing him 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 provide proof of age and to cancel the order if it has reason to believe that the customer is a minor.
The Customer declares that they are acting for their personal use and are prohibited from reselling the products, in whole or in part.
2.3 The General Terms and Conditions are binding on the Customer who acknowledges, by ticking a box provided for this purpose, having read and accepted them before placing an order.
The applicable and binding Terms and Conditions for the Customer will be those in effect at the time the Customer confirms their order on the Website. These terms and conditions will be sent to the Customer 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 non-prepackaged foodstuffs.
These indications are intended, without being exhaustive, to inform the Customer as fully as possible about the essential characteristics of the products and in particular any potential 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 do not constitute a contractual document.
3.2 The products comply with the applicable regulations relating to the safety and health of persons, fair business practices and consumer protection at the time they are placed on the market.
3.3 Products are offered and delivered subject to available stock.
If the product is unavailable, the Customer will be notified by email. A replacement product will be offered, or the Customer will be refunded and the order cancelled.
No cancellation compensation (other than a full refund of the order) can be claimed.
3.4 The products are delivered with their storage, reheating and tasting instructions.
4. Selling price
4.1 The prices mentioned on the Site are indicated, for each of the products listed for sale on it, in euros inclusive of all taxes, excluding delivery and transport costs mentioned before validation of the order and charged in addition.
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 Customer the application of the price in effect on the day of the order.
4.4 The price is payable in full after confirmation of the order.
5. Order formation process - payment
5.1 To place an order, the Customer, after filling their virtual basket by indicating the selected products and the desired quantities, clicks on the "order" button.
Before clicking the "Confirm my order" button, the Customer has the opportunity to check the details of their order and its total price and to return to the previous pages to correct any errors or possibly modify their order.
5.2. The Client then provides a valid email address as well as their name, surname, telephone number and, if they wish, creates a password in order 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 information relating to delivery, invoicing and method of payment.
5.4. Payment is made immediately upon ordering via the Stripe payment service.
The Stripe service is an independent service from the Seller, allowing the Customer to make a secure online payment by credit card, without their details being communicated to TIPTOQUE.
5.5. TIPTOQUE reserves the right to suspend or cancel any order in the event of an unusually high order amount, non-payment of any sum due by the Customer, or any payment incident. In the event of a bank refusal, the order will be automatically cancelled and the customer notified.
5.6. Confirmation of the order, by its payment, implies acceptance of the General Terms and Conditions and forms the contract.
An email acknowledging receipt of the order and payment is sent by TIPTOQUE as soon as possible.
6. Delivery – deadlines
6.1 Delivery is provided in Paris and in metropolitan France (excluding Corsica and overseas territories).
6.2 Delivery will be made by direct handover to the address indicated by the Customer, on the date and time chosen by the Customer at the time of their order.
6.3 If the Customer is unable to make the delivery, the parties may agree on a new delivery time, subject to the delivery provider's availability and route. If the delivery provider is unable to contact the Customer, the order will be left at a collection point, provided the fresh products remain fresh until their expiration date.
TIPTOQUE cannot under any circumstances be held responsible for the consequences resulting from erroneous or incomplete data, particularly in the recipient's contact details, or for any deterioration of the products due to the late receipt of a package due to the absence of the Customer or the person authorized to receive it.
7. Cold Chain - Product Preservation
TIPTOQUE product deliveries are carried out by various companies operating according to TIPTOQUE's specifications. Products are transported in insulated bags and boxes, packed with eutectic plates, in refrigerated trucks to maintain the correct temperature until delivery to the customer.
Once the order has been delivered to the Customer, it is up to the Customer to keep their food between 0° and 3° and to consume it before the displayed use-by date.
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 et seq. and L. 411-1 et seq. of the Consumer Code and the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code.
The Customer has two years from the date of receipt of the ordered products to make a claim under the legal guarantee of conformity. In such a case, they may choose between repair or replacement of the product, subject to the cost conditions stipulated in Article L. 217-9 of the French Consumer Code. The Customer is not required to provide proof of the existence of the product's non-conformity during the 24 months following delivery.
If the Client acts on the basis of the warranty against hidden defects, they may choose between rescinding the sale or reducing 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 such a way as to preserve the perfect preservation 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 if the quality has been compromised. In this case, the Customer must immediately return the package to TIPTOQUE for verification or contact TIPTOQUE immediately by email at: julie@tiptoque.paris
TIPTOQUE cannot, however, guarantee that the products will meet the personal taste expectations of the person who consumes them.
8.3 Canned products must be stored in a cool, dry place. Perishable or semi-preserved products must be refrigerated between 0° and +4°C upon receipt.
TIPTOQUE cannot be held responsible for product deterioration due to customer negligence and/or improper storage of products after delivery.
8.4 Similarly, TIPTOQUE cannot be held responsible for product deterioration due to failure to comply with the heating instructions included with the order.
9. Right of withdrawal
9.1 For fresh products: in accordance with the provisions of Article 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for products liable to spoil rapidly. Fresh products (requiring temperature-controlled storage) are neither returnable nor exchangeable.
9.2 For dry, long-life products: In accordance with the provisions of Article 221-18 of the Consumer Code, the Customer has, from the date of delivery, a period of 14 clear days to return the package in its original packaging, unopened, with the seals intact and in perfect condition, for the purpose of exchange or refund.
The Customer may withdraw from this contract without giving any reason within 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, takes physical possession of the last item 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 cancellation, TIPTOQUE will reimburse all payments received from the Customer, including delivery charges (with the exception of any additional costs arising from the Customer's choice of a delivery method other than our least expensive standard delivery option), without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to cancel this contract. TIPTOQUE will make the reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer expressly agrees to a different means; in any event, the Customer will not incur any fees as a result of such reimbursement.
TIPTOQUE reserves the right to defer reimbursement until it has received the goods or, at the very least, proof of shipment of the goods, the date used being that of the earlier of these events.
The direct costs of returning the item will be borne exclusively by the Customer.
10. Intellectual Property
The visual or audio elements reproduced on the Site, which are the exclusive property of TIPTOQUE, are protected by intellectual property law.
Therefore, unless prior written authorization is obtained from TIPTOQUE, the Client may not reproduce, represent, adapt, translate and/or transform, in whole or in part, or transfer to another website any element of the Site.
Failure to comply with this prohibition may constitute an act of infringement, rendering the perpetrator liable under civil and criminal law. 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, please visit their website.
12. Disputes – Mediation
In case of dispute, you should first contact the company's customer service department from Monday to Friday, excluding public holidays, at julie@tiptoque.paris).
In the event of failure of the complaint request to the consumer service or in the absence of a response from this service within 21 days of receipt of the complaint, the Customer may, in accordance with article L. 612-1 of the consumer code, submit the dispute opposing him to TIPTOQUE to a mediator who will attempt, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution.
The Client can therefore make use of the free mediation service […] to which TIPTOQUE belongs.
The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to 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 relating to the interpretation or performance of these General Terms and Conditions, the parties agree to seek an amicable solution. Failing that, the dispute will be brought before the competent courts within the jurisdiction of the Court of Appeal of Paris.
LEGAL NOTICES
PRESENTATION OF THE PUBLISHER'S SITE:
TIP TOQUE SAS with capital of €40,860.00
813 464 146 RCS Nanterre
Registered office: 43 bis Rue Roger Jourdain 92500 Rueil Malmaison
The Member Services department can be contacted at the following address: contact@tiptoque.paris
HOST:
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:
1889393
INTELLECTUAL PROPERTY:
The website and each of its elements are the exclusive property of TIPTOQUE SAS. They are protected by the Intellectual Property Code.