General terms and conditions
General terms and conditions
The service available at the URL www.delicieuxsecret.com is offered by Mr. Fadi Abou Chalbak housed at 5 rue Lincoln 75008 PARIS, registered at the RCS de Paris under the reference 504 065 814 00031.
Role of the service Délicieux Secret
Délicieux Secret sells high-end food products to private individuals and professionals.
Délicieux Secret also allows the subscribed uses to book a home chef of a table at some selected restaurants.
We may offer you from time to time some complementary products or range or products by updating our online catalogue.
Subscribing on the website Délicieux Secret is reserved to adult people above 18 years old.
Accepting the General Terms and Conditions of sales and use
By ticking the case "I have read and accepted the GTCSU", you confirm to accept without reserve the present General Terms and Conditions of sales and use (hereafter, the "GTCSU") of the website Délicieux Secret. The contract is agreed between you and Fadi Prestige.
If you don't accept the GTCSU, you cannot use our services and buy our products on Délicieux Secret. If you have questions regarding our services, please the FAQ.
GTCSU coming in effect and updates
The present GTCSU comes in effect starting from October 12, 2015.
We keep the right to modify the present GTCSU at any moment by publishing online the new version. This new version of the GTCSU will come in effect: during your registration if you are a new customer ; as soon as you accept the new version once you come back to the website if you have already registered on Délicieux Secret. If you refuse the new version of the GTCSU, you will no longer be able to use the service of Délicieux Secret after a period of 30 days.
Table of contents
(with activation of a link towards each article)
1. Registration conditions
2. Product sales condition
2.1 Order
2.2 Products availability
2.3 Price and payment
2.4 Delivery
2.5 Default on your payment
2.6 Fraud fighting
3. Booking conditions
3.1 Booking a table at a restaurant
3.2 Booking a home chef
4. Intellectual property
4.1 Content of the website Délicieux Secret
4.2 Permit of use of the content gave by the Users of the website Délicieux Secret
5. Limitation of responsibility
5.1 Regarding the products offered for sale
5.2 Regarding the services offered on the website délicieuxsecret.com
5.3 Regarding the hypertext links
6. Guarantee limitation
6.1 Website Délicieux Secret
6.2 products: legal guarantee
7. Force majeure
8. Fraudulent behaviors and website integrity breach
9. Duration and termination
10. Notifications
11. Diverse stipulations
12. Applicable law
13. Contract entirety
Article 1. Registration conditions
The simple consultation of the site Délicieux Secret does not require registration. The purchase of products and reservation of services on the website DélicieuxSecret are subject to the acceptance of these GTCSU and registration on the DélicieuxSecret website.
The inscription on the Délicieux Secret site is for adults over 18 y/o , who able to sign a contract in French law.
The use of Delicious Secret site implies the processing of personal data. The conditions relating to the processing of personal data are described in our Personal Data protection Charter which is incorporated to the present Terms of Use by reference and has a full contractual value.
If your registration has been suspended following use of our services in violation of these GTCSU, you will not be allowed to use our services.
Article 2. Product Sale conditions
2.1 Order
2.1.1 Alcoholic beverages sale
The website Délicieux Secret offers alcoholic beverages for sale.
Pursuant to Article L.3342-1 of the code of public health, the sale of alcoholic beverages to minors is prohibited.
Any purchase of wine and other alcoholic beverages on the website Délicieux Secret is subject to the condition that you are at least 18 years old from the date of the order.
Alcohol excess is dangerous for health.
Pursuant to Article L.3342-1 of the code of public health, the sale of alcoholic beverages to minors is prohibited.
Any purchase of wine and other alcoholic beverages on the website Délicieux Secret is subject to the condition that you are at least 18 years old from the date of the order.
Alcohol excess is dangerous for health.
2.1.2 Sale conclusion
The sale is concluded as soon as you have accepted the sale offer of the product(s) including the information on the online product sheet(s), completed the steps of the command-line, submitted your order and Délicieux Secret has sent you an email confirming the order.
Délicieux Secret takes the necessary precautions to provide adequate and complete information on the products sold. However, if you think it necessary, you can contact the customer service of Délicieux Secret, prior to the conclusion of the sale, in order to obtain additional information.
2.2 Products availability
Products are available for sale until they appear as unavailable on website Délicieux Secret. If a product is out of stock at the time of preparation of the order, we promise to contact you by email within twenty-four hours (24h). In case of disruption of supply of a product than thirty (30) days, your order won't possible to confirm and you will be able to cancel it. The amounts you have already paid to Délicieux Secret, considered as a deposit, will be refunded in the Debit/Credit card used when purchasing the order, within fifteen (15) days.
2.3 Price and payment
Price. The price of the products appear in the product sheets accessible online, on the date of order. The prices are indicated in euros and tax included (VAT level currently in effect), excluding the additional fees (delivery fee). If necessary, the additional fees are detailed in the online order form. The minimum amount is fixed sixty (60) euros all taxes included.
Payment. Product and additional fees payment are processed online by debit or credit card at the moment of the order submission on the website Délicieux Secret and for the whole amount. Délicieux Secret doesn't accept partial or instalment payments. An invoice is issued for each order and will be sent to the e-mail address entered by the user.
2.4 Delivery
a) Common conditions for all buyers - private individuals (consumers) and professionals
Delivery fees. According to the order amount. the delivery fees can be additionally charged. The amount of the delivery fees is detailed in the "Delivery » section of the website Délicieux Secret.
Delays. When placing the order, you can select the date and time slot for delivery. Délicieux Secret will confirm the delivery details by email. If unable to deliver within the required deadline, Délicieux Secret will offer to select another delivery date. Unless specified otherwise in the order confirmation sent by Délicieux Secret, the delivery times are of thirty (30) days from order confirmation, except in cases of force majeure as defined herein.
Delivery zones. Fadi Prestige only delivers its products in defined geographic areas. These areas are shown in the section "delivery" of the website Délicieux Secret Site. The delivery zones may evolve from time to time.
Delivery address. Products are sent to the shipping address indicated in your Délicieux Secret account, or on the order form if it is a different address. You agree to provide a complete and accurate delivery address. Each order can only be delivered to a single address. The delivery will be notified by email. Deliveries are made by a carrier.
Delivery verification. The delivery is carried out to the indicated address as soon as the ordered products are picked. It is your responsibility to check the delivery and address all necessary reserves and claims on the delivery note left to the carrier. Any refusal must also be notified on the delivery note. In addition, you must send all reserves and claims to Délicieux Secret by registered letter with acknowledgment of receipt within three (3) working days following the delivery of products.
Conformity. If the products delivered do not conform in kind, in quantity or quality indications given in the delivery, you should submit a claim to Delicious Secret within seven (7) days from the date of delivery by registered letter with acknowledgment of receipt.
Non-attendance to delivery. In case of absence during the delivery at the indicated address, you will automatically be delivered at a later date proposed by Délicieux Secret, subject to paying the transport costs notified by email by Délicieux Secret. Indeed, in case of absence during the delivery, you will be charge double delivery fees based on the amount of the initial fee, and whatever the amount of the order. If you are not available to receive the order to the new delivery date proposed by Délicieux Secret, you must contact us as soon as possible by phone or email, in order to arrange a new delivery date.
In case of absence during the second delivery, or failing to have paid the additional shipping charges, your order will be canceled. The amount of the order, subtracting any delivery fees, will be refunded within thirty (30) days.
b) Specific conditions to individual buyers (consumers)
Delivery delay and termination right. Pursuant to the provisions of Article L.138-2 of the Consumer Code, failure to deliver the product at the date indicated in the order confirmation, or the expiration of thirty (30) days from confirmation of the order, you have right to contract resolution. You can cancel the contract, by sending a registered letter with acknowledgment of receipt, or by writing on another durable medium, if after having enjoined Délicieux Secret, on the same terms, to make the delivery within a reasonable additional period, it has not been executed within that period.
The contract will be resolved upon receipt by Délicieux Secret of the letter or writing informing him of this resolution, unless Délicieux Secret has taken action in the meantime.
However, you can immediately terminate the contract when Délicieux Secret refuses to deliver the goods or when Délicieux Secret does not perform its obligation to deliver the goods on the date or the expiry of a period of thirty (30) days after validation of the order, and that this date or the deadline is for you an essential condition of the contract. This essential condition results from the circumstances surrounding the contract, or of a specific request from you before the conclusion of the contract (such as a family event or party).
In case of loss or destruction of the parcel, the amount of sales, including delivery charges, will be refunded to you by the latest within thirty (30) days following the date on which a copy of the letter of the statement of loss or destruction of the parcel is received by Délicieux Secret. The refund will be credited back to the Debit/Credit Card that was charged.
Risks transfer. Pursuant to the provisions of Article L.138-4 of the Consumer Code, the risk of loss or damage to the product is transferred to the date of physical possession of the product by yourself or by a designated third person.
Right of withdrawal. In accordance with Article L.121-21-8 of the Consumer Code, the right of withdrawal is not applicable for the following product categories:
- products likely to deteriorate or expire rapidly (fresh) ;
- products unsealed by the consumer after delivery and cannot be dismissed for reasons of hygiene or health protection (such as products sold in jars, canned or packed, allowing their preservation) ;
- products made to your specifications or clearly personalized (i.e. catering) ;
- products that have been delivered and by their nature, are mixed inseparably with other products (such as sauces or oil).
In other cases, you can exercise your right of withdrawal in accordance with L.121-21 and following of the Consumer Code. You get a period of 14 days to exercise your right of withdrawal without having to give reasons or pay penalties, except, if appropriate, the cost of returning the product. The 14-day period runs from the date of receipt of the product by you or by a third party. If applicable, you should inform Délicieux Secret of your decision to withdraw by sending us before the expiry of the 14 day period, a withdrawal form (attached to the email confirmation of order) or any other statement devoid of ambiguity, expressing your desire to go withdraw. Délicieux Secret will notify you by email the acknowledgment of your withdrawal.
The products should be returned to Delicious Secret without undue delay and, at the latest, within 14 days following the communication of your decision to withdraw. The direct costs of returning the goods and risks associated with returning product are your responsibility. The return of products will lead to a full refund of the purchase price and related expenses of delivery, by re-crediting the credit card charged when purchasing the order, and at the latest within 14 days of knowledge the decision of withdrawal.
c) Specific conditions for the professional buyers
Delivery delay. Delivery times are given on an indicative basis. Any delay in delivery of less than thirty (30) days (ninety (90) days in case of force majeure) compared to the originally planned time, cannot in any case lead to the cancellation of the order by the buyer, nor the granting of any compensation by Délicieux Secret.
Risks transfer and title retention. The transfer of risk on products sold via Délicieux Secret is made on the date of the customer delivery. In accordance with the articles 2367 and following of the Civil Code, the goods remain the property of Délicieux Secret until full payment by the buyer.
Incomplete and non-compliant delivery. In case of incomplete or non-compliant delivery, you should immediately report it on the delivery note and return it to the carrier who will notify Délicieux Secret. You can also make a complaint to the customer service of Délicieux Secret. In this case, the rest of the order or the non-conforming product will be delivered the next day, or the first business day following the initial delivery date, on the same time slot. If you are not available to receive the order to the new delivery date, you must contact us as soon as possible by phone or email, to arrange a new delivery date.
Products return. No return of goods can be made by the buyer after signing the delivery note.
If the cause of rejection of the products is due to a failure of Délicieux Secret (i.e. broken product), return costs will be borne by Délicieux Secret. Délicieux Secret will inform the buyer of the products replacement secondment from the defective delivery. Replacement products will be delivered to the buyer and the delivery cost will be bared by Délicieux Secret.
If the cause of the product return is not due to a failure of Delicious Secret (i.e. refusal by the client or any other cause beyond warranty), removal costs will be borne by the buyer. Délicieux Secret will inform the buyer of the provision of the replacement products. Products will be delivered to the buyer's expense.
2.5 Default on payment
a) Default on payment by a private buyer (consumer).
In case of non-payment of an order following the fraudulent use of a credit card, Délicieux Secret will claim you, in addition to the total amount of the order, a processing fee amounting to twenty percent (20%) of the outstanding amount, with a minimum of fifty (50) euros all tax included.
b) Default on payment by a professional buyer.
Pursuant to the provisions of Article L.441-6 I al.12 from the French Commercial Code, any total or partial failure by the buyer of its payment obligations or delay, will run immediately and automatically without setting prior notice, a default interest equal to the interest rate applied by the European Central Bank, increased by 10 percentage points, which will add a flat fee covering of forty euros. This rate will be determined and calculated on a daily basis from the day following the due date until full payment of all sums due to Délicieux Secret.
2.6 Fraud fighting
For any first purchase of an amount greater than one hundred and fifty (150) euros all tax included, Délicieux Secret keeps the right to request the confirmation of your identity. In case of non-confirmation of the information requested within three (3) calendar days, or providing information which appears inconsistent or unreliable, Délicieux Secret reserves the right to cancel the order and your registration on the service Délicieux Secret.
3. Reservation conditions
3.1 Booking a table at a restaurant
You can reserve a table at a partner restaurant from the website Délicieux Secret. After completing the reservation form, the information will be sent directly to the restaurant. Then, the Délicieux Secret customer service will contact you by email or phone to confirm or not the reservation.
3.2 Booking a home chef
You can book the services of a home chef, partner from Délicieux Secret. After completing the reservation form, the information will be sent directly to the selected Chef and Délicieux Secret will contact you by email or phone to confirm the reservation. Délicieux Secret agrees to send you a quote within ten (10) days from receipt of your booking request.
The home chef booking cancellation policy may be different from one chef to another, and will be specified in the quote. In case of cancellation by you, please contact Délicieux Secret as soon as possible and no later than twenty-four (24) hours before the day of delivery.
The service of Délicieux Secret is limited to linking with the provider. The service being provided by the chef, the service contract is between you and the concerned provider.
Article 4. intellectual property
4.1 Content of the website Délicieux Secret
The content of the Délicieux Secret website, including its structure, design, database, text, images and graphic elements structuring it, as well as the SEO HTML tags (meta tags) are the exclusive property of Fadi Prestige. This content is protected by the code of intellectual property and any other national or international law applicable to copyright.
You are authorized to present on your screen the pages of the website Délicieux Secret for temporary consultation. Any reproduction, distribution or use of all or part of the site content in any form whatsoever without the express consent of Fadi Prestige is prohibited and would constitute an infringement sanctioned by articles L.335-2 and following the Code of intellectual property
You agree not to carry out extractions by temporary or permanent transfer, or use, by making available to the public all or a substantial part in quantitative or qualitative terms of product listings and other databases visible on the website Délicieux Secret, for commercial purposes, statistical or other. You also agree not to perform any extraction or repeated and systematic use of all or part of the product sheets when such operations manifestly exceed normal and private use of the Délicieux Secret service. You may not, finally, proceed any operation, sale or distribution of any part of the website Délicieux Secret, including notably the product sheets appearing on the website and any other database.
4.2 Permit of use of the content gave by the Users of the website Délicieux Secret
Customers can leave comments and photos on the website Délicieux Secret. These contents are controlled by Délicieux Secret before being posted. You hereby grant us the right to use content (text, photos, etc.) that you may upload to Délicieux Secret. The present license to use such content is transferable, non-exclusive, free (unless stated otherwise herein) and granted without limitation of time or territory. You grant us the right to concede sub-licenses of use, exploitation and dissemination of this content for operation on any existing or future media. This license for use will remain in force during the entire duration of the intellectual property rights protection.
Article 5. Limitation of responsibility
5.1 Regarding the products offered for sale
The products offered for sale comply with French and European legislation in force. The descriptions of the products offered on the site Délicieux Secret correspond to the information provided by manufacturers or distributors. The reproduced photographs and texts illustrating the products are not contractual and are provided for information only. It states in particular that most products are sold raw and / or uncooked.
Any error will be corrected as soon as possible after notification to Délicieux Secret. Délicieux Secret shall not be liable for damages of any kind, whether tangible or intangible, that may result from a malfunction or improper use of products sold. It is the same for the eventual product modifications made by suppliers. In general, the responsibility of Délicieux Secret, of one of its partners or its employee cannot be sought in your use of information or products and services offered on the Délicieux Secret website. The responsibility of Délicieux Secret will, in any event, be limited to the amount of the order and cannot be blamed for simple errors or omissions that may occur despite all precautions taken in presenting the products.
5.2 Regarding the services offered on the website délicieuxsecret.com
The responsibility of Délicieux Secret will not be sought in respect of your use of the services or information offered on the Délicieux Secret website. The responsibility of Délicieux Secret cannot be blamed for simple errors or omissions that may occur despite all precautions taken in the presentation of services. The use of services offered by Délicieux Secret is made under your sole responsibility. Délicieux Secret cannot be held responsible for any damage resulting from the use of the Délicieux Secret service or the linking between you and the providers (chef, restaurateur). As such, Délicieux Secret cannot be held liable for a breach of the service booked at restaurants or chefs, and for any reason whatsoever. In addition, Délicieux Secret does not control the quality or the suitability of the kitchen or restaurant services offered via the Délicieux Secret website.
5.3 Regarding the hypertext links
This website may incorporate hypertext links to third party websites. We can in no way be liable for any damages, direct and / or indirect that may result from the use of the content, data or information of any kind, accessible from hyperlinks published on the site. We will not be liable for any damages, direct and / or indirect that may result from the use of information contained on third party sites accessible from the Délicieux Secret Service or downloadable files available on these sites from hyperlinks published on the Délicieux Secret website. It is your responsibility to check that the information contained on third party sites is accurate, consistent, complete and in compliance with regulations.
Article 6. Guarantee limitation
6.1 Website Délicieux Secret
The website and the services of Délicieux Secret services are provided as it is. We do not guarantee that the operation of our services will be uninterrupted, error free or secure. Generally, Fadi Prestige does not guarantee the completeness or accuracy of the information and services offered on the Délicieux Secret website. Nevertheless, we apply all available means to provide users and customers of the website with a content of quality.
6.2 products: legal guarantee
a) Common conditions to all buyers
In accordance with the Article 1641 and the following ones of the Civil Code, the products have the legal guarantee against hidden defects, to the exclusion of any other warranty, in case of misuse, poor storage conditions, or negligence on your part, or in case of normal aging of the product, as well as force majeure. Upon discovery of a defect, you must notify your claim within the time and in the manner laid down in Articles 1641 and the following ones of the Civil Code. Our warranty is limited to replacement of products recognized as defective, to the exclusion of all other costs, damages or compensation.
b) Specific conditions to private individual buyers (consumers)
The products sold by Délicieux Secret benefit from the legal guarantee of conformity in the conditions and limitations provided at the articles L.211-4 and following of the Consumer Code, to the exclusion of any other contractual warranty. In particular, breakage or damage resulting from conditions of transport, storage, consumption or use of unsuitable products are excluded from this guarantee.
Article 7. Force majeure
We cannot be held responsible for any breach of our obligations under these GTCSU having due facts beyond our control, the act of a third party and / or resulting from force majeure. The force majeure will include, besides the cases recognized by jurisprudence, all natural disasters, acts of war, breaches of public order, epidemics, fires, floods and other disasters, all governmental acts, all strikes, lock- out, and all electrical and technical problems external to the parties and preventing communications.
Article 8. Fraudulent behaviors and website integrity breach
You agree not to use any software or manual processes to copy our web pages or to save or collect information on these pages without the prior express written consent of Fadi Prestige. You agree not to use devices or software in order to disrupt or attempt to disrupt the smooth operation of our service. You agree not to implement action that would impose a disproportionate burden to our infrastructure. You agree not to do any reproduction, alteration, modification, and creation of derivative works of all or part of the contents of our website.
Article 9. Duration and termination
This contract comes into force when you have completed the registration process for the Délicieux Secret service, for an indefinite period.
We can, and you can end it at any time under the following conditions:
- if you request the closing of your customer account, respecting the terms and conditions described in the personal data protection policy and subject to the complete process and execution of the latest ongoing order. ;
- in case of a use of your account contrary to the present GTCSU, and in case of fraud to payment, attempted fraud or other offenses. In this case, we will send you an email notification asking you to remedy the violations of the GTCSU within 48 hours. If no correction is done within this period, we then reserve the right to close your user account without further notice. Any account closure initiated by Délicieux Secret will be without prejudice to compensation for the entire damage sustained by Fadi Prestige because of your actions on the Délicieux Secret service. In addition, this agreement will terminate automatically if you refuse any new version of the GTCSU as specified at the beginning.
Article 10. Notifications
Except any express stipulation, any notice sent to Délicieux Secret must be sent by post to the company Fadi Prestige, to the following address: 66, avenue des Champs-Elysees - 75008 Paris.
Any notice intended for you will be sent by email to the address on your account. Notices are deemed to reach you 24 hours after sending an e-mail unless the sender is notified of the invalidity of the email address.
Notifications can also be sent to you by registered letter with acknowledgment of receipt to the address on your account. In this case, notifications are deemed to reach you within 48 hours after sending the postal mail.
Article 11. Diverse stipulations
Contract nullity. In the event that one or more conditions set out in the GTCSU would be considered illegal, unenforceable or unenforceable by a court, the remaining provisions of GTCSU remain in force, provided that the contract of general economy will be not disrupted.
Renunciation. Our tolerance to a breach of this Agreement by a user does not impair our rights and actions against the user for any similar and / or later breach.
Independance of the parties. On one hand Fadi Prestige, restaurants and chefs partners on the other are independent parties. We select the restaurants and chefs partners based on criteria of professionalism, reputation, reliability and overall quality of service. However, the restaurants and chefs partners are solely responsible for the services they provide, as Fadi Prestige only has the role of linking the Délicieux Secret customers to the restaurants and chefs partners for making reservations.
Article 12. Applicable law
These General Terms and Conditions of Sale and Use are subject to French law.
In the absence of amicable resolution of the disputes arising between the Parties under these Terms and Conditions, the French courts will have exclusive jurisdiction to rule on any disputes which may arise between the parties relating to the execution of the present.
For corporate buyers, the exclusive jurisdiction is given to the Paris Courts for any dispute relating to the signing, interpretation, execution or termination of GTCSU of use, even in case of multiple defendants in appeal guarantee, in chambers or by request.
Article 13. Contract entirety
These general terms and conditions of sale and use, including the preamble and the personal data protection policy constitute the entire agreement between the parties.