Preamble
The “Miap” web application available at http://www.app.miap.co and the “Miap” mobile application (together the “Site”) are an electronic commerce platform, which enables relationship between a consumer (the "Customer") wishing to order a meal / drink (the "Meal"), to be consumed on site with a referenced restaurant (the "Restaurant").
In these general conditions of sale ("GTC"), the term "Miap" refers to the publisher of the Site, namely the company SSR APP FACTORY, a simplified joint-stock company with a capital of 6,000 euros, whose head office is located at 7 Rue du Professeur Pierre Cyprien Oré - 33700 Mérignac registered in the Paris Trade and Companies Register under the unique identification number RCS 841 306 491 00017 - email: info@miap.co - VAT: FR49841306491
The director of the publication is Ryadh SAADAOUI.
The site is hosted by Heroku Inc., headquartered at 650 7th St, San Francisco, CA, 94103, United States. Our data is hosted within the European Union, in Ireland.
These T & Cs apply to any Meal order that the Client places on the Site, which implies full and unreserved acceptance by the Client of the T & Cs.
The GTCs applicable to an order are those in force on the date of the Customer's order. Miap reserves the right to modify them and recommends that the Customer read them carefully with each new order.
Article 1: Access and use of the site
Any equipment allowing access to the Site is the sole responsibility of the Customer, as are the telecommunications costs incurred by its use.
In general, and without this list being considered exhaustive, the Customer undertakes to:
N’imprimer les informations téléchargées sur support papier qu’à la condition que les copies ainsi constituées fassent l’objet d’un usage exclusivement personnel, ce qui exclut notamment toute reproduction à des fins professionnelles ou commerciales ou de diffusion en nombre, gratuite ou payante
Not to copy and / or reproduce all or part of the Site, in particular on another site;
Not to reproduce, reuse, summarize, alter, modify, move, extract, replace, store or redistribute, reproduce, represent or preserve, directly or indirectly, on any medium, by any means and in any form whatsoever, the ( the) logo (s), and / or trademark (s) of Miap;
Never make or attempt to make intrusion attempts on the Site, facilitate by its use or navigation such attempts or any process aimed at altering the functionality, operation or integrity of the Site.
Likewise, the Customer undertakes, each time the Site is used, to adopt normal and reasonable behavior and not to hinder, in any way, its proper functioning.
The Customer undertakes in particular not to:
Disrupt, slow down, block or alter the normal flow of data exchanged as part of the use of the Site;
Accelerate the rate of scrolling of the contents of the Site in such a way that its operation is modified or altered;
Commit any other action having an equivalent disruptive effect on the functionality of the Site;
Fraudulently access, maintain, hinder or disrupt the access systems of the Site.
The Customer understands and accepts that the violation of the imperative provisions of this article is likely to expose him as well as all the persons who took part in it to criminal and civil sanctions.
Article 2: Meal orders
2.1. Availability
The Restaurant is solely responsible for the availability of the Meals it markets and has undertaken to Miap to offer for sale on the Site only Meals that are available and that they are able to prepare.
The Restaurant also undertakes, during the ordering process and prior to placing an order, to inform the Customer of the possible unavailability of a Meal.
If, despite the Restaurant's vigilance, all or part of a Meal turns out to be unavailable after an order has been placed, the Restaurant will inform the Customer, as soon as possible, in person, by email or by telephone and the Customer will have the option of either to modify his order, or to cancel it. In the latter case, the order will be canceled and no bank debit will be made.
2.2. Methods of placing orders
Use of the Site is reserved for legally capable and adult Customers.
Orders are placed by the Customer, on the Site, directly with the Restaurant, and not with Miap. The Customer therefore understands and accepts that Miap's role is that of a platform for establishing contact with the Restaurant, which is an independent merchant, distinct from Miap, over which Miap has no control and to which Miap has not consented. no exclusivity. No order by mail, fax or telephone can be taken into account.
The language used for the conclusion of a sales contract via the Site is French and the contractual information will be the subject of a confirmation containing this contractual information at the latest at the time of the order validation.
In accordance with article L221-28 of the Consumer Code, the Customer does not benefit from any right of withdrawal, so any order placed on the Site is firm and final from the date of their placing.
Prior to the acceptance of an order, Miap and the Restaurant may be asked to produce any document enabling Miap to verify the identity or age of the Customer. If such a request is sent to the Customer, the order will not be validated until the Customer has provided these documents.
Any order placed on the Site requires the creation of an individual account specific to the Customer. The Customer will be asked to provide certain information concerning him (eg his name, first name, email address, telephone number and the references of the bank card used for payment purposes), to choose a secret, personal and personal password. confidential. The Customer must also accept the conditions for processing his personal data. An email confirming the creation of his account will be sent to the Customer. It is recommended that the Customer keep it.
At any time, the Customer must, to access his account, identify himself using the email address indicated when creating his account as well as his password. The Customer may in particular find the history of his orders and modify his personal information. If the Customer loses or forgets his password, it can be communicated to him. To do this, the Customer must click on "Connection", "Forgotten password" then follow the instructions.
The Customer's username and password must not be communicated to third parties. Miap cannot be held responsible for any action (in particular the placing of an order) carried out via or on the Customer's account by a third party to which the Customer has communicated his identifiers or who would have had access to his identifiers or to his account following fault or negligence attributable to the Customer. It is the Customer's responsibility to immediately inform Miap as soon as the Customer becomes aware of an unauthorized use of his personal password or of unauthorized access to his account.
When placing an order, the Customer must select the chosen Meal, by adding the different products composing it to his basket, then check and possibly correct the content of his basket (e.g. quantity of selected products, price), before to validate it, to read and to accept the GTC then in force before accessing the payment of his order. The Customer can also view the payment methods accepted by the Site. The Customer is asked to carefully read these GTC, made available to him on the Site, in particular in that they are likely to change between two orders. The Client may reproduce them and keep them.
2.3. Order registration
Once an order has been placed, the Restaurant will acknowledge receipt and the Customer will receive an email confirming his order from Miap, once validated by the restaurant, including the summary of the order as well as its number.
If the Customer does not receive the email confirming his order, we also recommend that he check immediately after placing an order that the email has not been redirected to the “Junk Mail” or “Spam” section of his mailbox. If this is not the case, the Customer is recommended to contact Miap, using the contact details given in article 11 below.
The Restaurant reserves the right not to validate an order, in particular in the event of total or partial unavailability of the Meal ordered.
Miap reserves the right not to validate Your order for any legitimate reason, in particular in the event that:
-l’une des précédentes commandes du Client n’aurait pas été intégralement payée;
-un litige relatif au paiement d’une précédentes commandes serait en cours de traitement;
-une demande de confirmation d’un élément de la commande par téléphone, par email ou par tout autre moyen reste sans réponse suffisante pour permettre au Restaurant de valider la commande;
-un ou plusieurs éléments concordants feraient peser un soupçon de fraude sur la commande (ex. quantités commandées seraient anormalement élevées).
In accordance with articles L213-1 and D213-1 of the Consumer Code, orders with a value greater than one hundred and twenty euros (120 €) will be archived by Miap. The Customer will be able to access it on express request by email to info@miap.co. The Customer is nevertheless recommended to keep all the information relating to his order, in particular the GTC and the order confirmation email.
Article 3: Collection of Meals and consumption on site
The delivery of Meals ordered on the Site is carried out by the Restaurant under its sole and entire responsibility. On this occasion and for the sake of security, the restaurant is authorized to ask the Customer to prove his identity and to present the bank card used for the payment of the order. In particular, if alcohol has been ordered, the Restaurant to refuse to deliver it to the Customer.
The Products are delivered to the delivery table indicated during the ordering process. We cannot be held responsible if the table you provide us with is incorrect or incomplete. Upon delivery, Your signature may be required in order to materialize Your receipt of delivery.
The Customer undertakes to respect the elementary rules of politeness and cleanliness (eg hello / goodbye; waste collection; calm; cleaning of toilets; etc.).
The Customer remains free to decide whether he wishes to leave a tip at the Restaurant, without being required to do so.
Article 4: Alcoholic beverages
Alcohol abuse is dangerous for health.
In accordance with article L.3342-1 of the Public Health Code, the sale of alcoholic beverages to minors is prohibited.
By placing an order for drinks containing alcohol, the Customer expressly acknowledges being of legal age.
The Restaurant reserves the right to refuse to provide alcohol to any person who appears to be a minor and who is unable to prove their age.
The Customer expressly waives the benefit of article 1587 of the Civil Code which provides that the conclusion of the sale of wine only becomes final after tasting and approval of the buyer.
Any violation of this article by the Customer engages his personal and exclusive responsibility.
Article 5: payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can pay by bank card or by Ticket Restaurant Edenred card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard, Visa or AmericanExpress).
Secure online payment by credit card is made by our payment provider Stripe. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information.
In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable.
By providing his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated.
The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or in the event that it is impossible to debit the card, the Sale is immediately terminated automatically and the order canceled.
Article 6: Price and retention of title
The price of each Meal, as displayed on the Site, is determined by each Restaurant, without Miap intervening in the setting of this price. Despite all the vigilance that Miap imposes on the Restaurant, a price is likely to contain an error. In the event that the price displayed on the Site is manifestly incorrect, the Restaurant reserves the right not to validate an order, in which case the Customer, who will be informed, will have the possibility of canceling his order or of validating it. , at the corrected price.
It is specified that the prices of the Meals are indicated in euros all taxes included (TTC) and are payable exclusively in euros.
The prices include the commission paid by the Restaurant to Miap, so that no additional costs will be charged to the Customer. When withdrawing the Meal, the Restaurant may not require any additional amount from the Customer. If this is the case, the Customer is invited to inform Miap without delay.
The Restaurant reserves the right to modify the price of the Meals at any time. However, the Meals will be invoiced to the Customer at the price indicated when placing their order.
If the Customer benefits from a promotional code, it must be indicated when entering payment details and cannot have retroactive effect.
The price is invoiced and collected by Miap, in the name and on behalf of the Restaurant, which has given it a mandate for this purpose. The price is then donated to the Restaurant by Miap, after deduction of the commission due to him for establishing contact with the Customer.
The Meals ordered remain the exclusive property of the Restaurant until their complete and perfect payment.
Article 7: Liability
The information appearing on the Site, and in particular the description of the Restaurants and Meals, is provided by the Restaurants in Miap.
Miap makes its best efforts to provide reliable information, but cannot guarantee that it is exact, up to date or complete, with regard to information transmitted to it by the Restaurants.
Likewise, the presence of allergens is the sole responsibility of the Restaurants, which Miap has made aware of the need to include precise information, not susceptible to misleading the economic behavior of the Customer.
In accordance with the terms of article L.221-15 of the Consumer Code, Miap may waive all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the Customer, either to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure.
Article 8: Use of the Products
The Site is intended for private use only. The acquisition of Meals acquired for commercial purposes is done under the full responsibility and the responsibility of Miap can not be sought.
Article 9: Right of withdrawal
In accordance with article L221-28 of the Consumer Code, the Customer does not benefit from any right of withdrawal, so orders placed on the Site or the Application are firm and final from the date they are placed.
Article 10: Guarantees
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order made.
Article 11: Complaints and reimbursement
The contract for the sale of Meals is concluded directly between the Restaurant and the Customer.
In the event of a problem relating to an order from the Site, the Customer is invited to contact the Restaurant directly. In order to optimize the processing of a complaint, the Customer must have the number of the order concerned.
In the event of a problem relating to the functioning of the Site, the Customer can contact Miap Customer Service:
by email via the email address: info@miap.covia the link " Contact us " available for this purpose on the Site.
Information concerning an order, its payment, its delivery, its after-sales service, are accessible in the Customer's personal space.
Article 12: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is carried out through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 13: Force majeure
The performance of the seller's obligations at the end of the present contract is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 14: Nullity and modification of the contract
If one of the stipulations of this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written agreement signed by the parties.
Article 15: Collection and use of the customer's personal data
15.1. Collection and use of the Customer's personal data
Miap is responsible for processing the Customer's personal data. The information that the Customer communicates to Miap within the framework of the orders is intended for Miap and is used for the processing and the follow-up of the orders, the after-sales service of the Meals ordered on the Site and the marketing and relationship management. customer.
The data relating to the Customer will be transmitted to the Restaurant.
In this regard, Miap ensures that it has taken the necessary measures to legally regulate this data transfer, in particular by completing the appropriate formalities with the CNIL.
When ordering and creating an account, the Customer may choose to receive information or commercial offers by email or other electronic means of communication from Miap or its partners, subject to having given his prior agreement.
15.2. Right to oppose, rectify or delete your personal data
In accordance with the provisions of the Data Protection Act of January 6, 1978, the Customer has at any time a right of access, rectification, as well as a right of opposition for legitimate reasons or of deletion of his data to personal character held by Miap, by writing by mail and justifying your identity to: miap - 7 rue du Professeur Pierree Cyprien Oré 33700 Mérignac - FRANCE
Article 16: applicable law
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
Annex A
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
Article 1648 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity.
Article L217-4 of the Consumer Code
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code
The good complies with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
– s’il correspond à la description donnée par le vendeur et possède les qualités que celui-ci a présentées à l’acheteur sous forme d’échantillon ou de modèle
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of 'at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.