Terms of Sales
The web application "Miap" available at http://www.app.miap.co and the mobile application "Miap" (together the "Site") are an e-commerce platform, which allows to implement relationship a consumer (the "Customer") wishing to order a meal / drink (the "Meal"), to consume on site with a referenced restaurant (the "Restaurant").
In these general conditions of sale ("GTC"), the term "Miap" means the publisher of the Site namely the company SSR APP FACTORY, simplified joint stock company with capital of 6,000 euros, whose head office is located: 7 Rue du Professeur Pierre Cyprien Oré - 33700 Mérignac & #8211; registered in the Paris Trade and Companies Register under the unique identification number RCS 841 306 491 00017 - email: firstname.lastname@example.org - 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 in the European Union, Ireland.
These GTC apply to any Meal order that the Customer spends on the Site, which implies the Customer's full and unreserved acceptance of the GTC.
The terms and conditions 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 well as the telecommunications costs incurred by its use.
In general, and without this list being considered exhaustive, the Customer undertakes to:
Print printed information only on the condition that the copies thus made are used exclusively for personal use, which excludes, in particular, any reproduction for professional or commercial purposes or for free or paying;
Do not copy and / or reproduce all or part of the Site including on another site;
Not to reproduce, reuse, summarize, alter, modify, move, extract, replace, store or rebroadcast, reproduce, display or preserve, directly or indirectly, on any medium, by any means and in any form whatsoever, the the) logo (s), and / or the mark (s) of Miap;
Never attempt or attempt to intrude on the Site, facilitate by its use or navigation such attempts or any process to alter the functionality, operation or integrity of the Site.
Likewise, the Customer agrees, at each use of the Site, to adopt a normal and reasonable behavior and not to hinder, in any way, its proper functioning.
The Customer agrees in particular not to:
Disturb, slow down, block or alter the normal flow of data exchanged in connection with the use of the Site;
Accelerate the pace of scrolling 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;
To fraudulently access, maintain, hinder or disrupt the access systems of the Site.
The Client understands and agrees that the violation of the mandatory provisions of this article is likely to expose him and all persons who participated in it to criminal and civil penalties.
Article 2: Orders for a meal
The Restaurant is solely responsible for the availability of the Meals it markets and has committed to Miap to offer for sale on the Site only Meals available and that it is able to prepare.
The Restaurant also undertakes, during the ordering process and prior to the placing of an order, to inform the Customer of the possible unavailability of a Meal.
If, despite the vigilance of the Restaurant, all or part of a meal is unavailable after an order, the restaurant will inform the customer, as soon as possible, in physics, by email or telephone and the customer will have the possibility 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. Terms of placing orders
The use of the Site is reserved for Clients capable of legal and major.
Orders are placed by the Customer, on the Site, directly with the Restaurant, and not with Miap. The Client therefore understands and accepts that the role of Miap is that of a platform for contact with the Restaurant, which is an independent trader, distinct from Miap, over which Miap has no control and to which Miap has 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 through 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 validation of order.
In accordance with Article L221-28 of the Consumer Code, the Customer has no right of withdrawal, so any order made on the Site is firm and final from their handover.
Prior to the acceptance of an order, it may be requested, by Miap and the Restaurant, to produce any document allowing 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 and specific to the Customer. The Client will be asked to provide certain information about him (eg his name, surname, email address, telephone number and references of the credit card used for payment purposes), to choose a secret password, personal and confidential. The Customer must also accept the conditions of processing of his personal data. An email confirming the creation of his account will be sent to the Customer. It is recommended that the Client keep it.
At any time, the Customer must, to access his account, identify himself using the email address indicated when creating his account and his password. The Customer will be able to find the history of his orders and modify his personal information. If the Customer loses or forgets his password, he may be notified. For this, the Customer must click on "Login", "Forgotten password" and follow the instructions.
Customer's login and password must not be disclosed to third parties. Miap can not be held responsible for any action (including the placing of an order) made via or the Customer's account by a third party to whom the Customer has communicated his identifiers or who would have had access to his credentials or his account following fault or negligence attributable to the Customer. It is the responsibility of the Customer to immediately inform Miap when the Customer becomes aware of an unauthorized use of his personal password or unauthorized access to his account.
When placing an order, the Customer must select the chosen meal, adding the various products that make up the basket, then check and possibly correct the contents of his basket (eg quantity of selected products, price), before validate it, read and accept the GTC then in force before accessing the payment of the order. The Customer may also view the payment methods accepted by the Site. The Customer is requested to read carefully the present GTS, made available on the Site, in particular that they are likely to evolve between two orders. The Customer 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 confirmation of his order from Miap, once validated by the restaurant, including the summary of the order and its number.
If the Customer does not receive the order confirmation email, we also recommend that they check immediately after placing an order that the email has not been redirected to the "Junk Mail" or "Spam" section of their email address. mailbox. If this is not the case, it is recommended that the Customer contact Miap, using the contact details listed in article 11 below.
The Restaurant reserves the right not to validate an order, especially in case of total or partial unavailability of the ordered meal.
Miap reserves the right not to validate Your order for any legitimate reason, especially in the event that:
it does not comply with these GTCS;
one of the Customer's previous orders would not have been paid in full;
a dispute over the payment of a previous order is currently being processed;
a request for confirmation of an item of the order by phone, email or any other means remains insufficient answer to allow the Restaurant to validate the order;
one or more concordant elements would cause a suspicion of fraud on the order (eg quantities ordered would be abnormally high).
In accordance with Articles L213-1 and D213-1 of the French Consumer Code, orders over one hundred and twenty euros (€ 120) will be archived by Miap. The Customer may access it upon express request made by email to email@example.com. However, it is recommended that the Customer keep all the items relating to his order, including the Terms and Conditions and the confirmation of his order.
Article 3: Withdrawal of meals and on-site consumption
The delivery of the meals ordered on the Site is carried out by the Restaurant under its sole responsibility. On this occasion and for the sake of security, the restaurant is authorized to ask the Customer to justify his identity and to present the credit card used for payment of the order. In particular, if alcohol has been ordered, the Restaurant refuses to give it to the Customer.
The Products are delivered to the delivery table indicated during the ordering process. We can not be held responsible if the table you give us is incorrect or incomplete. Upon delivery, Your signature may be required to materialize Your receipt of delivery.
The Customer agrees to respect the basic rules of politeness and cleanliness (eg hello / goodbye, waste pickups, calm, cleaning toilets, etc.).
The Client remains free to decide whether to leave a tip to the Restaurant, but is not obliged to
Article 4: Alcoholic drinks
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 age.
The Restaurant reserves the right to refuse to provide alcohol to anyone who appears to be under age and who is unable to prove his age.
The Customer expressly waives the benefit of article 1587 of the Civil Code which provides that the conclusion of the sale of wine becomes final only after tasting and approval of the buyer.
Any violation of this article by the Customer incurs its personal and exclusive liability.
Article 5: Payment
Payment is due immediately upon order, including pre-order products. The Customer can pay by credit card or Edenred Ticket Restaurant card. Cards issued by banks domiciled outside France must be international credit cards (Mastercard, Visa or AmericanExpress). Secure online payment by credit card is made by our payment provider Stripe. The transmitted information is encrypted in the state of the art and can not be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verifying 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 giving his bank details at the time of the sale, the Customer authorizes the Seller to debit his card with the amount relating to the price indicated. The Customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by right 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 and imposes on the Restaurant, a price is likely to include an error. In the event that the price displayed on the Site is obviously wrong, the Restaurant reserves the right not to validate an order, in which case the Customer, who will be informed, will have the opportunity to cancel the order or to validate it. , at the rectified price.
It is specified that meal prices 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 cost will be charged to the Customer. When the meal is withdrawn, the Restaurant may not require any additional amount from the Client. If this is the case, the Customer is invited to inform Miap without delay.
The Restaurant reserves the right to change the price of meals at any time. However, Meals will be billed to the Customer at the price indicated when placing his order.
If the Customer has a promotional code, it must be indicated when entering the payment details and can not have retroactive effect.
The price is invoiced and cashed by Miap, in the name and on behalf of the Restaurant, which gave him a mandate for this purpose. The price is then refunded to the Restaurant by Miap, after deduction of the commission which comes back to him for the connection with the Customer.
Meals ordered remain the exclusive property of the Restaurant until complete and perfect payment.
Article 7: Liability
The information on the Site, including the description of Restaurants and Meals are provided by the Restaurants at Miap.
Miap makes best efforts to provide reliable information, but can not guarantee that it is accurate, current or complete, as it relates to information provided to it by the Restaurants.
Similarly, the presence of allergens is the sole responsibility of the Restaurants, which Miap has sensitized to the need to include accurate information, insusceptible to deceive the economic behavior of the Customer.
In accordance with the terms of Article L.221-15 of the Consumer Code, Miap may exonerate itself from all or part of its responsibility by proving that the non-performance or the bad execution of the contract is attributable either to the Customer, in fact, unpredictable and insurmountable, a third party to the contract, or a case of force majeure.
Article 8: Use of Products
The Site is intended for private use only. The acquisition of Meals acquired for commercial purposes is 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 has no right of withdrawal, so orders placed on the Site or the Application are firm and final from their handover.
Article 10: Guarantees
According to the law, the Seller assumes two guarantees: of conformity and relating to the hidden defects of the products. The Seller reimburses the buyer or exchanges the products apparently defective or not corresponding to the order made.
Article 11: Claims and reimbursement
The contract for the sale of meals is concluded directly between the restaurant and the customer.
In the event of any problem relating to an order on the Site, the Customer is invited to contact the Restaurant directly. In order to optimize the processing of a complaint, the Customer must bring the number of the order concerned.
In case of any problem relating to the functioning of the Site, the Customer may contact the Customer Service of Miap:
by email via the e-mail address: firstname.lastname@example.org;
via the link "Contact us" available for this purpose on the Site.
The information concerning an order, its payment, its delivery, its after-sales service, are accessible in the personal space of the Customer.
Article 12: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any object of intellectual property rights are and remain the exclusive property of the Seller. No assignment of intellectual property rights is carried out through these GSC. 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 hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. 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 the present contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only 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 Customer's personal data
Miap is responsible for the processing of the Customer's personal data. The information that the Customer communicates to Miap within the framework of the orders are destined for Miap and are 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 management and the relation customer.
The data relating to the Client 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 means of electronic communication from Miap or its partners, provided that it has given its 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, and a right of objection for legitimate reasons or deletion of its data to personal character held by Miap, by writing by mail and justifying your identity to:
7 Rue du Professeur Pierre Cyprien Oré33700 Mérignac & #8211; la France
Article 16: Applicable Law
All clauses contained in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
Article 1641 of the Civil Code
The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, had he known them.
Article 1648 of the Civil Code
The action resulting from the 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, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity.
Article L217-4 of the Consumer Code
The seller delivers a good that complies with the contract and responds to the lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.
Article L217-5 of the Consumer Code
The property is in accordance with the contract:
1 ° If it is fit for the customary use of a similar good and, where applicable:
& #8211; if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
& #8211; 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, made known to the seller and that the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the 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 the repair of a piece of movable property, a restoration covered by the guarantee, any period of immobilization d at least seven days is added to the duration of the warranty that remained to run.
This period runs from the request for intervention of the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.