The www.allmychefs.com website is published by WEBEDIA, a company governed by a Board of Directors with a capital of € 382,881, registered in the Commercial and Company Register under the number 501 106 520 and, whose head office is situated at 2, rue Paul Vaillant Couturier - CS 60102 - 92532 Levallois-Perret Cedex
VAT number: FR89501106520
Tel (France): 0 811 69 41 42
Managing editor: C.Siré
The www.allmychefs.com website is registered with the CNIL (French data protection authority) under the declaration n°1770330.
Site creation date: 05/06/2014
ARTICLE 1 - DEFINITIONS AND PRESENTATIONS OF SERVICES
1.1 Under these General Terms and Conditions of Sales (hereinafter referred to as the "GTCS"), the following terms shall have the following meaning:
Acknowledgement of receipt: refers to the electronic mail WEBEDIA sends to the Customer in order to summarize his/her order.
Recipient: refers to the third party to whom a "gift voucher" has been offered and which therefore receives a fee-based Service (as opposed to the Customer who pays for the Service but does not enjoy it).
Access Codes: refers to the ID and password that allow the Customer to log in to the Site, in order to access his/her account and place an order. These ID and password are chosen and communicated to the Site by the Customer when he/she opens his/her account.
Customer: refers to any person who has opened an account and made a purchase on the Site (products or services).
Account: refers to the Site’s personal space accessible only by the Customer after registration, using his/her ID and access codes and where he/she can place orders, have access to his/her data (orders, invoices, purchase history, etc. ) as well as the community Space.
Cookie: refers to a tracer/text file, which has been stored and read on the Customer's hard disk by the Site’s server, during a visit. The Cookies used on the Site do not allow the Customer’s direct identification but facilitate and accelerate the Customer's access to the Site by allowing his/her automatic recognition or to measure the traffic on the Site’s pages. Cookies are also needed to identify the services and topics that the Customer has visited and, more generally, his/her behaviour with regard to visits (browser language, dates and hours of visits, history, orders' content etc.). This information is useful for the purpose of services customization, content, promotional offers and banners which appear on the Site. The management of Cookies and personal data will be addressed in two specific articles (Articles 7 and 8) of the GTCU. We encourage the Customer to read them.
Parties: refers to all the parties of the marketing agreement for the products and services offered by the Site, i.e. the Customer and WEBEDIA; each of these parties may be individually referred to as a "Party".
Sponsor: refers to the Customer who sponsored a third party to the Site and which later becomes a Customer.
Profile: refers to the information provided by the Customer upon registration and opening of his/her account. The communication of these personal data allows the Customer to place orders and access his/her data (orders, invoices, purchase history etc.).
Signature: means that the Customer has accepted the GTCS by checking the appropriate box as part of the procedure laid down in Article 6 of this document relating to online purchase.
Fee-based service: refers to a service offered by the Site and acquired by the Customer against payment ("SUBSCRIBER" package, access to a live Master Class, etc.).
Site: refers to the WEBEDIA’s site available at www.allmychefs.com
VAT: refers to the Value Added Tax.
1.2 WEBEDIA proposes to the client, through the Site, to subscribe to fee-based products and services, governed by these General Terms and Conditions of Sale:
- The "SUBSCRIBER" package entitles the Customer, through the purchase of varying duration subscription, to have unlimited access from his/her personal computer, to all the content and functionality of the Site and, in particular, to the detailed and illustrated Chefs' recipes, interactive videos, as well as exclusive offers. The "SUBSCRIBER" package is subject to these GTCS as well as to the General Terms and Conditions of Use of the Site ( available here).
- The "SUBSCRIBER" package also provides access to a full set of features of the free “REGISTERED" package, allowing every visitors to interact and participate in the Site community Space.
- The "SUBSCRIBER" package does not give access, unless exceptional and occasional offer, to live Master Classes, cooking courses etc. made available by the Site and will be the subject of a separate offer. However, the Customer who subscribed to the "SUBSCRIBER" package may also subscribe to these exceptional events (against payment).
- The "UNLOCK ONE RECIPE ONLY" service allows the customer to get access to one premium recipe content, against payment of the price. This content is available for a limited period of 3 years after the recipe is unlocked. The customer can access the recipe without limitation during the same period.
The number of purchase of service "UNLOCK ONE RECIPE ONLY" is not limited in volume. The service "UNLOCK ONE RECIPE ONLY" is not refundable in case of cancellation.
The access is not automatically renewed. Once the period of 3 years expired, the customer has no longer access to the service usage but is still able to access the free part of the site as well as service "REGISTER".
The customer can find all of his purchases of service "UNLOCK ONE RECIPE ONLY" in the “Purchase” board provided for this purpose.
The "SUBSCRIBER" package is accessible by the Customer for the entire duration of his/her subscription. Once this service has expired or has been terminated, the Customer will no longer have access to any of the features of the "SUBSCRIBER" package but will still be able to access the free portion of the Site, as well as the "REGISTERED" package.
From time to time, WEBEDIA proposes exceptional events, such as live Master Classes. The Customer may have access to these classes against payment. The Customer's attention is drawn to the fact that this payment only provides access to this service and not to the other fee-based content of the Site (except exceptional temporary offers). This fee-based Service is subject to these GTCS as well as to the General Terms and Conditions of Use of the Site ( available here).
WEBEDIA proposes the purchase of a "gift voucher" which can be sent to a third party, allowing the latter to pay some of Site's fee-based services under the conditions laid down in these GTCS.
WEBEDIA proposes the purchase of an actual "gift box" which can be sent to a third party, allowing the latter to pay some of the Site's fee-based services under the conditions laid down in these GTCS.
Finally, the Customer may purchase products on WEBEDIA’s online shop.
For more information regarding the nature and content of these products and services, the Customer is encouraged to refer to the FAQ section of the Site.
1.3 The Site may offer promotions as well as trial offers, different from the "SUBSCRIBER" package and one-time fee-based Services presented in Article 1.2. These offers, proposed at a discounted price and/or for unusual durations, are also subject to the GTCS, as well as to the General Terms and Conditions of Use of the Site (available here).
ARTICLE 2 - ACCEPTANCE OF GTCS
2.1 These General Terms and Conditions of Sale (hereinafter referred to as "the GTCS") apply to the sales of products and services marketed by WEBEDIA on www.allmychefs.com, the information presented on any other documents are provided for ease of reference only. These GTCS define the commercial and contractual relationship between the Customer and the Site. Any order implies the Customer's full and unconditional acceptance of these GTCS.
These GTCS supplement the Site's General Terms and Conditions of Use (hereinafter referred to as "the GTCU"), setting, more generally, the rules for using and accessing the Site, including the consultation, as well as the obligations imposed on all the Site's Visitors (available here). The Customer confirms that he/she also fully and unconditionally agrees to all the provisions of these GTCU.
The GTCS and GTCU and all the contractual information are exclusively presented on the Site in French. Any translation would be provided for the Customer's convenience, only the French version shall prevail.
2.2 The Customer expressly declares having the right to accept these GTCS, which means that he/she is above 18 and is not subject to legal protection measures pursuant to articles 425 and following of the Civil Code. Minors must obtain the prior authorization of their parents or legal guardian to accept these GTCS and place an order.
2.3 The applicable GTCS are those in force at the date of the order.
In case of dispute, the provisions of these GTCS shall always prevail over those of the GTCU.
Any condition contrary to these GTCS, requested by the Customer but not expressly accepted, is inapplicable to WEBEDIA.
2.4 Unless there is evidence to the contrary and in accordance with the provisions of articles 1316 and following of the Civil Code, the data recorded on the Site constitute the proof of all past transactions between the Site and the Customer. These data shall be deemed valid unless the Customer provides a written evidence to the contrary.
2.5 Failure to temporarily comply with one or several provisions of these GTCS shall, in no case, mean that WEBEDIA is waiving its right to enforce any of these provisions. If one or more of the provisions of these GTCS were declared void or unenforceable by law, regulation or final court decision, the other provisions would retain their full force and scope and would continue to fully apply.
ARTICLE 3 - MANDATORY PRIOR CREATION OF AN ACCOUNT
3.1 The Customer shall have previously registered a profile, including as part of the free "REGISTERED" package, to place any fee-based product or Service order on the Site. To do this, the Customer fills out a registration form online, on which he/she communicates to the Site all the necessary information to process and execute his/her order. The terms of registration are more precisely presented in Article 3 of the STCU (available here). The Client may order online after he/she has been duly identified using his/her access codes.
The attention of the Customer is drawn to his/her obligation to communicate complete, accurate and up-to-date information, as requested in the registration form. WEBEDIA reserves the right to refuse any order in the event of inaccurate, outdated and/or incomplete information.
The registration also requires the answer to the following questions: "I agree to receive email offers from partners of the Taste Academy". The account registration and creation constitute acceptance to receive the Site's newsletter, although a right of refusal would still be available to the Customer under the conditions set out in Article 17.2 of these GTCS.
Once his/her registration is validated, the Customer receives an electronic confirmation sent by the Site to the email address he/she has entered. The Customer is invited to keep this confirmation in his/her archives.
The attention of the Customer is drawn to the fact that this email could go to his spam folder and that the Site could not be held responsible if that were to happen. In the event that the Customer did not receive an acknowledgement of receipt, he/she will be asked to contact the Site's customer service whose details are stipulated in Article 15 of these GTCS.
3.2 The Customer may add information or update his/her profile at any time using his/her Account SETTINGS. He/she may also change his/her access Codes in his/her Account SETTINGS.
The Client is strongly encouraged to regularly update his/her Profile and all the information necessary for the processing of any current or future orders (change of contact details, change of email etc.). The Customer cannot held WEBEDIA responsible for any malfunctions and implementation difficulties if the Customer did not update his/her information.
The Member may also, at any time, close his/her Account by sending an email and a registered mail to the Site’s customer service whose details are stipulated in Article 15 of the GTCS.
3.3 To create a Profile, minors must obtain the prior authorization of their parents or legal guardian. We encourage the parents/legal guardian to ensure that the minor cannot fill out the forms with personal data, or that they can only fill them out under their control.
To create a Profile, make sure that the adults is not subject to legal protection measures pursuant to articles 425 and following of the Civil Code.
3.4 Access Codes are strictly confidential, personal and non-transferable. The Customer hereby acknowledges that the purchase of a fee-based Service provides a right of access to this service on his/her personal devices and is strictly for personal use.
The Customer is responsible for the management and safekeeping of the access Codes. Therefore, he/she cannot disclose them to third parties under any format whatsoever and he/she is informed that their communication is made under his/her sole responsibility.
Any connection to a Customer's Account shall be deemed to have been carried out by this Customer. The Customer is fully liable for any and all financial consequences arising out of the use of the Site made on his/her behalf, as well as on the behalf of third parties and minors, unless he/she can demonstrate that the fraudulent use is not the result of his/her negligence or deliberate action. Therefore, the Customer is encouraged to log out at the end of each session. The Site may not be held responsible; in any case, the event of a fraudulent use committed using his/her access Codes.
In case of theft, loss and/or accidental disclosure of his/her access Codes or even in case of a fraudulent use of his/her Account, the Customer undertakes to inform the Site’s customer service as soon as possible at the address stipulated in Article 15 of these GTCS. WEBEDIA will then cancel his/her codes and the Customer will be able to reset them. The Customer may also reset his/her password by clicking on the "Password forgotten" link of the login form.
ARTICLE 4 – CONDITIONS OF ACCESS AND USE OF SERVICES PROPOSED BY THE SITE
4.1 WEBEDIA shall use its best efforts to secure the access, the consultation and the use of the Site, to enable its adequate access 24 hours a day and 7 days a week. However, the Customer is informed that WEBEDIA reserves the right to carry out, without notice and compensation, the necessary maintenance operations for the proper functioning of the community Space, in order to make the changes and improvements required by technical developments or continuity of services. If necessary, these maintenance operations may entail a temporary suspension of access to the Site, and WEBEDIA shall not be held responsible if that were to happen.
WEBEDIA will not be held responsible in the event of force majeure or unforeseeable circumstances or in case of unpredictable and unstoppable events (strike, fire, catastrophe, internal or external server failure, cyber attack, etc.).
The Customer is informed that WEBEDIA reserves the right, without compensation, to suspend or discontinue the Site. If this should happen, the Customer will be informed within a reasonable time by a notification sent by email to the address registered and/or updated on his/her Profile.
4.2 Please note that the Customer shall be solely responsible for the IT and digital equipment allowing access to the fee-based Service he/she may have subscribed to, as well as the cost of Internet connection and any other fees necessary to his/her access to Internet. The Customer is encouraged to ensure that the technical specifications of his/her equipment and computer hardware allow the consultation of the Site.
4.3 The Customer is solely responsible when he/she uses the Site. He/she expressly acknowledges that his/her use of the Site is under his/her sole responsibility and the Site is available "as is" and as available.
Any client accessing the Site undertakes to adopt a normal and reasonable behaviour and should not hinder, in any way, the proper functioning of the Site. He/she specifically agrees not to undertake any action likely to disrupt, slow down, block or alter the normal flow of data exchanged through the use of the Site and/or disturb the normal functioning of the Site. Generally, he/she undertakes not to use the Site and its content in a way that is likely to prejudice and/or damage WEBEDIA or third parties.
For further information on the conditions of access and use of the Site (including internet constraints and limitations) and his/her responsibility with regard to this use (obligation to protect his/her IT equipment, etc.), the Customer is encouraged to refer to Articles 3 and 4 of the GTCU (available here).
4.4 In case of difficulty in accessing the Site and/or its services, the Customer is encouraged to contact the Site's customer service whose details are stipulated in Article 15 of these GTCS.
ARTICLE 5 - PRODUCTS, SERVICES AND PRICES
5.1 If a specific duration is not indicated, fee-based products and services offers are valid as long as they are visible on the Site.
A full description of the main features of the fee-based products and services proposed by the Site is available on the Site's FAQ. For any additional information, the Customer is encouraged to contact the Site's customer service whose details are stipulated in Article 15 of these GTCS.
The Customer's attention is drawn to the fact that photographs of fee-based products and services proposed by the Site are solely for illustrative purposes and do not have any contractual value.
It is stated that fee-based products and services proposed by the Site comply with French regulation and standards applicable in France. WEBEDIA shall not be held responsible, in any case, if the fee-based Service purchased by the Customer does not comply with the legislation of the country where the purchase was made. The Customer is encouraged to verify with the local authorities that the fee-based products and Services he/she wished to order comply with the legislation in force.
5.2 If a specific duration is not indicated, the price of the fee-based products and services is the price stipulated on the Site at the time of the order. WEBEDIA reserves the right to modify, at any time and without notice, the price of the fee-based products and Services proposed by the Site. The Site's prices are in Euro, with tax (TTC) but excluding shipping fees for the products.
The price charged to the Customer is the price at the date of registration of the order or renewal, net of any discounts and reductions applied on some of the first orders.
The total amount due by the Customer (price + shipping expenses) is indicated on the order confirmation page. It is available at any time in the customer’s Account.
Any changes in VAT rate are automatically applied on the fee-based products and Services (as well as the shipping expenses).
5.3 The access to a fee-based Service proposed by the Site is available only after Customer's identification and log-in.
The purchase of a fee-based Services gives access to this service on all the personal devises of the Customer and for his/her personal use only, failing which the corresponding service may be suspended and/or terminated immediately, as set out in Article 12 of these GTCS. The fee-based Service is only available for three connections at a time. The attention of the Customer is drawn to the fact that WEBEDIA reserves the right to implement technical means (including IP addresses verification) in order to make sure the number of multiple simultaneous connections from a single account is not in violation of these GTCS.
5.4 The access to the “SUBSCRIBER" package is valid on the first day of the subscription (D Day) in accordance with the provisions provided in Articles 6.2 and 6.3 of these GTCS. The subscription will end at 23h59 on D Day of the following months, depending on the duration of the subscription (for example: from the 15th March until the 15 April à 23h59 for a monthly subscription).
The access to the "REGISTERED" package will become unavailable immediately after the end of the subscription period if it is terminated in accordance with Article 12 of the GTCS.
5.5 The "SUBSCRIBER" service can be proposed with a discounted price for the first month only.
Then, the service is automatically renewed after this period, for the offer selected during checkout, for this new price.
The customer can, anytime, during the first month, ou after, notify his termination (according to conditions described in Article 8). The customer will then be able to use the "SUBSCRIBER" service until the end of the subscription period.
ARTICLE 6 – ONLINE PURCHASE PROCEDURE
6.1 All orders will follow the following procedure:
- Creation of a Customer Account and/or identification on the Site and log-in;
- Selection of products and/or services, quantities and information entered in the required fields.
- Reminder of payment methods accepted by the Site
- Indication of a gift card, generic promotional code and/or sponsorship (single codes to fill in)
- Confirmation of the selected offer
- Selection of payment methods (as the case may be) and indication of bank details and information necessary to the payment and delivery;
- Confirmation of the order and payment, after verification of the information, by clicking on "VALIDATE MY PAYMENT", after having read the General Terms and Conditions of Sale by clicking on the appropriate box;
- Receipt of the acknowledgement of receipt sent as soon as possible by WEBEDIA and validation and payment of the order.
In order for the Customer to purchase wisely, the detail of his/her order as well as the main features of the purchased fee-based products or Services, the duration of the agreement and the total price to pay are stipulated on the page "VALIDATE MY PAYMENT". At any time, and as long as the Customer did not click on the "VALIDATE MY PAYMENT" button, he/she can modify his/her order.
The attention of the Customer is drawn to the fact that clicking on "VALIDATE MY PAYMENT" button is equivalent to accepting the order. If the Customer does not validate his/her payment, the order will be deemed cancelled.
6.2 The order is final when the Customer receives, in his/her electronic address registered and/or updated on his/her profile, the acknowledgement of receipt mentioned in Article 6.1. The Customer is invited to keep this confirmation in his/her archives.
The attention of the Customer is drawn to the fact that this email could go to his/her spam folder and that the Site could not be held responsible if that were to happen. In the event that the Customer did not receive an acknowledgement of receipt, he/she will be asked to contact the Site's customer service whose details are stipulated in Article 15 of these GTCS.
The Customer may at any time go to his/her account in order to see his/her orders and invoices.
WEBEDIA reserves the right to cancel or refuse any order in case of dispute with the Customer in relation with the payment of a previous order.
6.3 Once the order is final, the Customer will receive a link to his/her detailed invoice as well as the amount to pay and, as the case may be, the conditions and terms of his/her right of withdrawal and a link with an access to a withdrawal form.
At any time, the Customer may access his/her invoices under Account Subscription.
6.4 The Site has implemented a sponsorship system for new Customers. As part of the order procedure, the Customers are encouraged to enter the information necessary to identify their Sponsor, or the sponsorship code he/she would have sent to him/her, in the section provided for that purpose.
ARTICLE 7 – PAYMENT
7.1 The Site proposes several methods of payment.
Apart from the "gift card", payment is possible by credit card (VISA, MASTERCARD) directly on the Site. The card is debited as soon as the order is made or after the free trial period. The customer's bank details are securely kept by our partner Ogone to allow the automatic renewal of the subscription. At any time, the customer may modify and update his/her bank details under his/her account SETTING;
The payment may also be made using PAYPAL on the Site account. The amount is immediately debited from the Customer's PAYPAL account. The order is deemed validated after confirmation of the payment.
The Customer guarantees that he/she is the legitimate owner of the means of payment used to pay for the fee-based product or service or that he/she has the necessary authorisation to use them.
7.2 WEBEDIA uses its best efforts to enhance the security of the financial transactions on its Site. All credit card payments on the Site are made using the secure online payment system called OGONE, which allows the encryption of all data in relation to orders (including names, addresses and credit card numbers) so that the information sent is protected during transmission.
The Customer will not held WEBEDIA liable in case of system failure during banking data transmission;
7.3 The payment of the "SUBSCRIBER" package is made once, including for the annual subscriptions. The same goes for automatic renewal.
It is stated that:
In case of a subscription between the 1 and 28 (included) of the month, the payment is debited on the date of the subscription; in case of automatic renewal, the subsequent payments will take place on the same day of each month or each year in the case of an annual subscription.
In case of a subscription between the 29, 30, or 31 of the month, the first payment is made on the 1st day of the month following the subscription; in case of automatic renewal, the subsequent payments will take place on the 1st day of the month.
In case of exceptional offer, partners' offer or special offer giving free access to the "REBISTERED" package, at first and subject to the Customer complying with the required provisions, the payment will take place at the end of the trial period.
In case of special offer regarding a discount in the price of the "SUBSCRIBER" package or any other fee-based Service, the payment is automatically reduced accordingly.
7.4 Should a credit card expire, the Site (or its partners) may send to the Customer an e-mail 30 days before the date of expiry of his/her credit card registered on his/her Account. A second e-mail may also be sent 15 days before the expiry and again the day before the expiry date.
If the banking details are not updated, therefore preventing the payment, a "Payment fail" email is sent to the Customer.
Generally, in case of total or partial non-payment of the price by the Customer, the agreement will be fully terminated, without notice or compensation. In such cases, the sums already paid by the Customer will be deemed vested by WEBEDIA, as a penalty clause, which otherwise retains the possibility to seek legal redress for the total amount of the loss. WEBEDIA may also suspend all the current Customer's orders.
ARTICLE 8 - AUTOMATIC RENEWAL OF THE "SUBSCRIBER" PACKAGE AND TERMINATION BY THE CUSTOMER
8.1 The subscription to the "SUBSCRIBER" package is automatically renewed the day after the end of the subscription period, for the same duration and at the applicable rate on the day of the renewal as set out on the Site, unless it was cancelled in due form.
In the case of an annual subscription and at the latest 15 (fifteen days) before the end of the period authorising the cancellation of the renewal, the Site sends an email to the Customer who has subscribed to the "SUBSCRIBER" package at the address entered and/or updated upon or after registration, in order to inform him/her of the imminent renewal of the agreement he/she has entered into.
The Customer is asked to read the provisions of article L.136-1 of the Consumer Code in Annexe B.
8.2 The subscription to the "REGISTERED" package is terminated in due form as soon as the Customer sends his/her notification at least 72 (seventy two) hours before the next renewal date, by clicking on the link "terminate my subscription" under his/her account SETTING.
The termination becomes effective at the end of the next renewal date.
Failure to comply with these termination terms and conditions shall automatically renew the subscription for an identical duration at the price applicable on the renewal date such as indicated on the Site.
8.3 The Customer’s attention is drawn to the fact that he/she may terminate, at any time, his/her subscription to the "SUBSCRIBER" package in case of unilateral change of one of the main terms of the agreement (subscription price, etc). The termination becomes effective at the end of the next renewal date.
The termination to the "SUBSCRIBER" package subscription by the Customer does not entitle him/her to any reimbursement whatsoever, and the sums paid to WEBEDIA will be definitely vested.
ARTICLE 9 - WITHDRAWAL RIGHT FOR THE FEE-BASED SERVICES
9.1 In accordance with the provisions of article L. 121-21 of the Consumer Code, the Customer has 14 (fourteen) days from the date of signature to the "SUBSCRIBER" package subscription in the conditions laid down in Article 6.3 of these GTCS to exercise his/her right of withdrawal, without having to justify his/her choice.
Given the very nature of this digital service, the Customer expressly agrees and acknowledges that the execution of the "SUBSCRIBER" Package starts as of the validation of the order, that is before the end of the withdrawal period of 14 (fourteen) days provided for in article L. 121-21 of the Consumer Code.
However, it is stated that the Customer, who has exercised his/her right of withdrawal, even though the execution of the "SUBSCRIBER" package has begun, with his/her prior agreement, before the end of the withdrawal period, shall pay to the Site an amount corresponding to the service provided up to the notification of his/her decision to withdraw. This amount is proportionate to the total price of the agreed service.
9.2 Before exercising his/her right of withdrawal, the Customer is encouraged to contact the Site's customer service whose details are listed in Article 15 of this document. With his/her invoice and/or the details of his/her order, the Customer will be able to obtain information regarding the step he/she needs to take, in order to benefit from a faster handling of his/her file.
In order to exercise his/her right of withdrawal, the Customer is invited to send a mail with acknowledgement of receipt to the customer service whose contact details are listed in article 15 of this document. The Site will then send to the customer, without delay, a withdrawal acknowledgement of receipt to the email address entered/updated upon or after registration, as the case may be.
Repayment shall be made as soon as possible, depending on the method of initial payment used by the Customer at the time of purchase.
9.3 In accordance with the provisions of article L. 121-21-8 12Â° of the Consumer Code, the Customer is informed that the supply of leisure facilities on a specific date or frequency (live Master Classes, etc. ), because of their nature, will not give the Customer a right to the withdrawal period provided for in article L. 121-21 of the Code. Accordingly, the Customer of the service expressly confirms that he/she accepts that he/she may not benefit from the right of withdrawal in relation to this service.
The customer's attention is particularly drawn to the fact that the Site will not accept any request for withdrawal, cancellation or refund if the order has become final.
ARTICLE 10 - SPECIAL CASE OF "GIFT VOUCHERS"
10.1 The Site proposes to the Customer to purchase a "gift voucher", containing a unique code, which can be sent to a third party (the Recipient), allowing the latter to pay some of the Site's fee-based services, including subscriptions or live Master Classes. This non-nominative "gift voucher" is to be used exclusively on the Site, as part of a payment excluding promotions. It is valid and can be activated up to 1 (one) year from the date of purchase and is not refundable and non-exchangeable.
As part of the procedure for online purchase laid down in Article 6 of these GTCS, the Customer selects the type of subscription (monthly or annual) of the "SUBSCRIBER" package or the exceptional event that he/she wishes to offer to the Recipient. He/she specifies the email address of the Recipient of the "gift voucher", if he/she wishes to inform him/her immediately.
Once the order is final and in accordance with the conditions laid down in Article 6.3 of these GTCS and within 3 (three) working days, the Site sends to the Customer the acknowledgement of receipt provided for in Article 6.1 of this document. The Site also sends to the Customer or Recipient the electronic gift voucher stating the nature of the "gift voucher", as well as its period of validity and the procedures to follow to be able to use it.
The Recipient will have to create an account on the Site and fully and unreservedly accept all the provisions of these GTCS to be able to use the "gift voucher". In general, the Recipient of the "gift voucher" is subject to the provisions and obligations under Articles 2 to 7 of this document. The Customer is expressly invited to bring to the knowledge of the Recipient the content of these GTCS.
10.2 In accordance with the provisions of article L. 121-21 of the Consumer Code, the Customer has 14 (fourteen) days from the signature of the agreement under the conditions laid down in Article 6.3 of these GTCS to exercise his/her right of withdrawal, without having to justify his/her choice.
Given the digital nature of the "gift voucher", the Customer expressly agrees and acknowledges that the execution of the fee-based Service may start as of the activation, by the recipient, of the gift voucher, that is before the end of the withdrawal period of 14 (fourteen) days provided for in article L. 121-21 of the Consumer Code.
However, it is stated that the Customer who has exercised his/her withdrawal right, even though the Recipient was able to access the fee-based Service before the end of the withdrawal period, shall pay to the Site an amount corresponding to the service provided up to the notification of his/her decision to withdraw. This amount is proportionate to the total price of the agreed service.
In accordance with the provisions of article L. 121-21-8 1° of the Consumer Code and because of the nature of the service, no withdrawal right can be exercised if the "gift voucher" was bought for a fee-based Service (exceptional event, Master Class in direct etc. ) already fully executed before the end of the withdrawal period.
10.3 The withdrawal right is implemented according to the conditions mentioned in article 9.2.
10.4 In case of non-use or loss of the "gift voucher", the Recipient shall not be entitled to any refund or compensation of any nature whatsoever.
ARTICLE 10.B SPECIAL CASE OF GIFT BOXES
11.B.1 The Site proposes to the Customer to purchase a "gift box" to offer to a third party, including a gift voucher as described in article 10 of this document.
The products are sold within the limit of available stocks. In case of unavailability of one of the products, a statement posted on the Site will inform the Customer as soon as possible.
As part of the procedure for online purchase laid down in Article 6 of these GTCS, the Customer selects the type of gift box he/she wishes to offer to the Recipient. He/she specifies the delivery address of the gift box, as well as the billing address. The information provided must be accurate. The Customer must ensure the information is correct at the time of purchase. In case of communication of erroneous data, WEBEDIA will not be held liable.
Once the order is final and in accordance with the conditions laid down in Article 6.3 of these GTCS and within 3 (three) working days, the Site sends to the Customer the acknowledgement of receipt provided for in Article 6.1 of this document. The Site also sends to the Customer an email confirming the shipment of his/her order within 3 (three) weeks.
11.B.2 The retail sales service of the Gift Boxes covers only Metropolitan France. The delivery is ensured by Colissimo. This method of delivery guarantees the delivery of his/her parcel within 2 (two) to 5 (five) working days after the shipment. WEBEDIA will not be held responsible in case of delays in delivery and potential consequences.
Deliveries are made from Monday to Saturday morning, except public holiday. The package is handled by the Post Office and delivered to the address indicated by the Customer. In case of absence at the time of delivery, a notice is left in the Customer's mailbox, prompting the Customer to collect his/her parcel from the Post office within 15 (fifteen) days.
In case where the package is returned to WEBEDIA, a second delivery will be made. If the parcel is returned to the sender a third time, there will be no more delivery.
11.B.3 In accordance with the provisions of article L. 121-21 of the Consumer Code, the Customer has 14 (fourteen) days from the delivery of his/her order to exercise his/her withdrawal right, by returning, at his/her own expense, the Gift Box, without having to justify his/her choice.
The Gift boxes must be returned to WEBEDIA at the address specified in article 15 below, in their original packaging. The reimbursement is made according to the procedures laid down in article 9.2. Any incomplete, damaged gift box and/or any gift box which packaging has been damaged will neither be exchanged nor reimbursed.
Given the digital nature of the "gift voucher" included in the Gift Box, the Customer expressly agrees and acknowledges that the execution of the fee-based Service may start as of the activation of the gift voucher by the Recipient, that is before the end of the withdrawal period of 14 (fourteen) days provided for in article L. 121-21 of the Consumer Code.
However, it is stated that the Customer who has exercised his/her withdrawal right, even though the Recipient was able to access the fee-based Service before the end of the withdrawal period, shall pay to the Site an amount corresponding to the service provided up to the notification of his/her decision to withdraw. This amount is proportionate to the total price of the agreed service.
ARTICLE 11 - SPECIAL CASE OF PRODUCTS ON THE ONLINE SHOP
The Site proposes to the Customer to purchase products via its online shop.
In the event where the Site serves as mere intermediary and includes a link towards a third party Vendor, the Customer is expressly invited to read the General Terms and Conditions of Sale of this Site, applicable to his/her transaction.
In any event, the Customer is covered by legal guarantees regarding the conformity of the contractual product and hidden defects in accordance with the legal provisions contained in Annex C.
ARTICLE 12 - SUSPENSION AND TERMINATION BY WEBEDIA
12.1 Without prejudice to the payment of any damages in compensation for loss suffered, WEBEDIA expressly reserves the right to terminate or suspend immediately (without being obliged to), without notice or compensation, the fee-based Service which was subscribed by the Customer, in the following circumstances:
In the event of a breach by the Customer of any of the obligations placed upon him by these GTCS and/or by the STCU and, more particularly,
In case of violation of intellectual property rights of WEBEDIA and/or its licensors (see Article 16 of these GTCS and Article 5 of GTCU, available here);
In case of multiple simultaneous connections and/or professional use of the "SUBSCRIBER" package (see. Article 5.4 of these GTCS);
In case of false information (identity, contact details etc.) during account creation and/or updates;
In case of total or partial non-payment by the Customer of the price of the fee-based products and/or Services (see Article 7.3 of these GTCS);
In case of use of the Site which would be prejudicial to the interests (particularly in terms of image and reputation) of the Site and/or of WEBEDIA, as well as those of third parties.
In these cases, WEBEDIA informs the Customer by sending an email to the address entered/updated upon and after registration. WEBEDIA shall retain all the sums already paid by the Customer without the Customer being able to claim any compensation.
The Customer will not seek WEBEDIA’s responsibility if his/her Account has been suspended and/or terminated.
12.2 It is stated that WEBEDIA may also, but has no obligation, to exclude temporarily or permanently any Member of the community Space in case of repeated breach of the provisions stipulated in Articles 6.1, 6.2 and 6.3 of this document and/or repeated violation of third parties' rights (intellectual property rights, personality rights etc.) mentioned in Article 7 of the STCU (available here). WEBEDIA reserves the right to cancel the Member's Account.
The Client is invited to read the article 6.4 of the STCU (available here).
12.3 It is reminded that WEBEDIA reserves the right, without compensation, to suspend or discontinue the Site. If this should happen, the Customer will be informed within a reasonable time by a notification sent by email to the address registered/updated on his/her Profile. Exceptionally, the Site may refund the Customer a prorate amount of the price of the service covered, as the Site closure will entail termination of the "SUBSCRIBER" package.
ARTICLE 13 - DEFINITIONS
13.1 The customer benefits from the legal and contractual guarantees of conformity of the fee-based product or service and hidden defects. For information, these legal provisions are reproduced in Annex A of these GTCS. It is the responsibility of the Customer to provide WEBEDIA any justification as to the reality of the alleged anomalies or defects. In this regard, the Customer will not intervene himself or herself or involve a third party.
In case of hidden defect of a fee-based product or Service, WEBEDIA undertakes to reimburse, to the Customer the apparently defective product or service and/or any product or service which do not correspond to his/her order, at the earliest opportunity and no later than 14 (fourteen) days after the mail formalising the reimbursement offer was sent.
The provisions of this Article shall not prevent the Customer from using his/her withdrawal right provided for in Article 9 of these GTCS, or to benefit from any contractual guarantees.
13.2 To find out about the steps to take in case of a problem on a fee-based Service, the Customer can contact the Site's customer service whose details are listed in Article 15 of this document.
Requests and complaints made under the guarantees must be sent by e-mail to the customer Service or by registered mail with acknowledgement of receipt.
In order to facilitate the settlement of disputes, the Customer is invited to send the purchase invoice, which was sent to him by the Site after his/her purchase, to the customer Service.
ARTICLE 14 - FORCE MAJEURE
None of the Parties can be deemed to have failed to comply with its contractual obligations in the event of non-execution as a result of unforeseeable circumstances or force majeure.
Any unavoidable, unpredictable, inevitable fact or circumstance, or fact or circumstances beyond the parties' control and which cannot be prevented by them, despite all reasonable efforts possible (strike, fire, disaster, failure of internal or external servers, cyber attack, etc.) is therefore likely to exonerate the responsibility of the party in default, provided that it has been duly demonstrated.
The party in default due to an unforeseeable or force majeure event shall inform the other party within 7 (seven) working days from the date it has knowledge of it. Within 14 (fourteen) days after this announcement, the Parties will meet to examine together the impact of the event and the conditions in which the execution of the order may be continued.
Any unforeseeable or force majeure event which duration exceeds 30 (thirty) days gives the right to the other party to cancel the order.
AARTICLE 15 - CUSTOMER SERVICE
For any information or question relating to an order and its follow-up (reimbursement, cancellation etc.) the Customer is invited to contact the Site's customer service:
Electronic mail: firstname.lastname@example.org
Answering machine: +33 (0)1 71 39 83 53 (toll-free number from a land line)
Addresse : 2, rue Paul Vaillant Couturier – CS 60102 – 92532 Levallois-Perret Cedex
ARTICLE 16 - INTELLECTUAL PROPERTY
It is reminded that all the texts, photographs, images, videos, audiovisual combinations, files, photographic or video records, data and other works and documents reproduced and represented on the Site are protected by intellectual property rights (copyright, trademark right, right of the producers of database etc. ).
The access to the fee-based Service offered by WEBEDIA and acquired by the Customer is limited to a purely personal and non-professional use, in a private and non-collective setting. This non-exclusive and non-transferable right of access does not imply any transfer of the Site's reproduction and/or representation right, in whole or part, or any transfer of a right to totally or partially extract data contained therein.
Therefore, the Customer recognizes that he/she does not have any specific right on the Site's content and must scrupulously respect the French legislation, including with regard to intellectual property rights (copyright, right of databases, trademark right, etc.) and personality rights (image rights, etc.).
Generally, the Customer is invited to read the commitments to which he/she subscribes with regard to intellectual property, such as mentioned in Article 5 of the GTCU (available here).
However, the attention of the Customer is more particularly drawn to the fact that his/her information and data collected by the Site is necessary for the management of his/her order and for his/her commercial relationships with WEBEDIA. These data may be transmitted to third-party companies, to the extent that they are involved in the commercial relationship (company responsible for the execution of orders; company responsible for the payment; delivery company, etc.). These data are also stored for security purposes (fight against fraud etc. ), in order to fulfil the legal obligations and regulations, as well as to allow WEBEDIA to improve and customize the services it offers and the information that it sends to its Customers (satisfaction survey etc. ).
17.2 Pursuant to Law No. 78-17 of 6 January 1978, the Customer has a general right to access, rectify and delete all his/her personal data which has been collected by the Site and can therefore ask that inaccurate, incomplete, misleading or outdated data be rectified, completed, updated, locked or deleted. The Visitor may exercise this right free of charge, by sending a proof of identity by mail at the following address: All My Chefs, 2 rue Paul Vaillant Couturier – CS 60102 – 92532 Levallois-Perret Cedex
In order to facilitate the access to the Site and ensure its proper functioning, WEBEDIA encourages the Customer to accept Cookies. However, WEBEDIA reminds that the Customer may refuse these Cookies (To find out more).
Upon his/her registration, the Customer may have accepted to receive offers from WEBEDIA as well as WEBEDIA's partners. Similarly, the customer is likely to have agreed to receive the Site's newsletter. He/she can exercise at any time and for free his/her right of refusal to receive advertisements and/or the newsletter by un-checking the appropriate boxes under account SETTINGS.
The Customer may also, at any time, unsubscribe from the newsletter by clicking on the appropriate link at the bottom of each newsletter and by following the instructions.
ARTICLE 18 – APPLICABLE LAW – DISPUTES
These GTCS are drawn up in French which is the language used by both Parties. Any translation would be provided for the Customer's convenience, only the French version shall prevail.
These GTCS are governed by French law.
In the event of a dispute, both Parties will work together in good faith to find an amicable solution before instituting any legal proceedings. The Customer is informed that he/she has the right to consider a conventional mediation procedure or any other alternative dispute settlement.
If the attempt at conciliation fails, any dispute in relation to these GTCS, their interpretation, validity and consequences, regardless of the geographical location of the Parties, and the chosen method of payment, will be submitted to the sole jurisdiction of the Parisian court of appeal, including in case of multiple defendants or call for guarantee.
Article 1641 of the Civil Code
The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
Article 1648 paragraph 1 of the Civil Code
An action resulting from critical defects must be brought by the buyer within two years from the discovery of the defect.
Article L. 136-1 of the Consumer Code
The service provider shall inform the consumer in writing, three months at the earliest, and one month at the latest, before expiry of the period during which renewal can be declined, of the option to refrain from renewing a contract with a tacit renewal clause that he has entered into. This information, delivered in clear and understandable terms, mentions clearly the deadline for termination.
When such information has not been sent to him/her pursuant to the provisions of the first paragraph, the consumer is free to terminate the contract at any time on or after the renewal date In such circumstances, any advances made after the last renewal date or, in the case of open-ended contracts, after the date on which the initial fixed-term contract was converted, shall be reimbursed within thirty days of the cancellation date, after deduction of the sums corresponding to performance of the contract up to that date. Failing reimbursement as stipulated above, the sums due shall bear interest at the legal rate.
The provisions of the present article shall apply without prejudice to those which make certain contracts legally subject to special rules relating to consumer information.
The three preceding sub-paragraphs are not applicable to the operators of drinking water and sanitation services. They are applicable to the consumers and non-professionals.
Article L.211-4 of the Consumer Code
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He/she is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he/she assumed responsibility therefore or had it carried out under his responsibility.
Article L.211-5 of the Consumer Code
To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L.211-7 of the Consumer Code
In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery.
The seller may refute that presumption if it is incompatible with the nature of the product or the non-conformity invoked.
Article L.211-9 of the Consumer Code
In the event of lack of conformity, the buyer shall choose between repair and replacement of the product.
The seller may nevertheless elect not to proceed in accordance with the buyer's choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the product or the seriousness of the defect. He/she is then required to proceed with the option not chosen by the buyer, unless this proves impossible.
Article L.211-10 of the Consumer Code
If neither repair nor replacement of the product is possible, the buyer may return the product and obtain reimbursement of the price or keep the product and obtain reimbursement of a portion of the price.
He has the same option:
1. If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the buyer making his/her claim;
2. Or if that solution cannot be implemented without major inconvenience for the buyer given the nature of the product and his intended use.
The sale shall not be cancelled, however, if the lack of conformity is minor.
Article L.211-11 of the Consumer Code
The provisions of Articles L. 211-9 and L. 211-10 shall be applied at no cost to the buyer.
Those same provisions shall not impede the awarding of damages.
Article L.211-12 of the Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the product.