World Dishes Pro

GENERAL TERMS AND CONDITIONS OF SALE AND USE

1. About us

The LLC JOFRAL Society, with the capital of 10 000 euros, which headquarter is in AIME LA PLAGNE (73210) 44 route du grand pré - Villaroland, registered in the Chambéry Trade and Companies register, under number 832714570, represented by Mr Franck MARCHAND MAILLET (hereunder, the «Society»). The Society proposes the following services: an online sale on the digital application “World Dishes” intended for catering.

2. Preamble

The Society invites its users to peruse these General terms and conditions of sale and use (hereunder, the GTCS/GTCU) . The GTCS/GCTU apply to all the services provided by the Society to its customer of a same category, regardless of the clauses that can be written on the customer’s document and especially his/her general purchasing conditions.

The GTCS/GTCU are systematically communicated to the customer who asks for them.

The customer must be aware of the GTCS/GTCU before any order placement.

In case of subsequent change of the GTCS/GTCU, the customer is submitted to the effective version throughout the order placement.

The data registered in the Society’s computer system represent the proof of the transactions finalized with the customer.

3. Definitions

" Customer " means any legal or natural person who places an order on this website;

" Order " means any order placed by the user registered on this website for the purpose of benefit from the Society’s services;

" General terms and conditions of sale and use or GTCS/GTCU " refer to these general terms and conditions of sale and use online;

" Professional " means the buyer, legal or natural person who acts in the context of his/her professional activity;

" Services " refers to all the service delivery proposed to the users by the Society through this website;

" Website " refers to this website, that is www.world-dishes.com​ ;

" Society " refers to JOFRAL Society, more fully designated in the article 1, and;

" User " refers to any one who uses the website.

4. Registration

The registration on the website is available to all the legal or natural persons, who are adults, enjoying their full personality and legal capacity.

The user has to register on the website to use the services proposed by it. The registration is free.

To register, the user must fill all of the required fields, without which the service cannot be provided. In the absence of it, the registration will not be completed.

The users guarantee and declare on their honor that all of the communicated information on the website, especially during their registration are true and conform to reality. They undertake to update their personal data through the dedicated page and available on their account.

Any registered user has an username and a password. They are strictly personal and confidential must not be communicated to outsiders, at risk of deletion of the account of the contravener user. Each registered user is responsible for maintaining the confidentiality of his/her username and password. In any case, the Society will be held responsible for identity theft of a user. If a user suspects a fraud at any time, he/she must contact the Society as soon as possible so that it can take the necessary actions to regularize the situation.

Each user, whether it is a legal or natural person, can be the holder of only one account on the website.

In the event of non compliance with the GTCS/GTCU, especially the creation of multiple accounts for one person or even the provision of false information, the Society reserves the right to delete temporarily or permanently all of the accounts of the contravener registered user.

The deletion of the account leads to the permanent loss of all of the perks and services acquired on the website. However, any order placed and billed by the website before the deletion of the account will be done in normal conditions.

In case of the deletion of an account by the Society for breach of duties and obligation stated in the GTCS/GTCU, it is strictly forbidden to the transgressor user to register again on the website directly, through an other e-mail or through intermediary without the express authorization of the Society.

5. Service delivery and prices

The services which are subject to the GTCS/GTCU are those which appear on the website and which are directly proposed ny the Society or its service partners.

Services are described on the corresponding page within the website and reference shall be made of all of their essential features. The Society cannot be held responsible for incapacity of doing the said service when the user is not eligible.

When the registered user wants to obtain a service delivery sold by the Society through the website, the quoted price on the delivery page corresponds to the pre-tax price in euros, and bear the applicable discounts in mind, effective the day of the order. The quoted price does not include the incidental expenses which will be indicated, if need be, in the summary before placing the order.

The Society reserves the right to change the prices at any time. It undertakes to bill the applicable rate at the moment of their order. For the services which price cannot be known a priori for sure, a detailed quote will be sent to the customer.

Under no case the user will be able to demand the application of discounts that are no more effectively the day of the order.

6. Orders

An order can be placed only if the user is registered on the website. When he/she is connected to his/her account, the user can add services to his/her virtual card. He/she can access to the summary of his/her virtual chart in order to confirm the services he/she desires to order and place his/her order by clicking on "order" .

Then, the user will have to communicate his/her address, the delivery method and a valid method of payment in order to finalize the order and to effectively build a sales contract between him/her and the Society.

The registration of an order on the website is made when the user accepts the GTCS/GTCU by ticking the box stipulated for such purpose and validate his/her order. This validation represents a proof of the sales contract. The finalization of the order involves the acceptance of the prices, the terms of achievements of the services as indicated on the website. Once the order placed, the user receives a confirmation through email. This confirmation is the summary of the order and of the information concerning the achievement of the service(s).

In the event of non payment, wrong address of the customer or any other problem on the customer's account, the Society reserves the right to block the customer's order until the problem is solved. If it is not possible to achieve the delivery, the customer will be informed through the email address he/she gave the Society. The cancellation of the order of this delivery and its reimbursement will be in that case done, the rest of the order being firm and definitive.

In the event of the cancellation of an order, accepted by the Society less than 60 days before the due date of the service delivery for other reasons than a case of force majeure,the Society reserves the right to keep 100% of the pre-tax value of the order in respect of damages and interests for the damage suffered by.

The Society will be able to make the customer benefit from a price reduction, discounts and rebates, according to the number of services ordered or according to the regularity of the order, under the conditions set by the Society.

7. Delays and methods of payment

Except contrary provision, all of the sales are paid in cash the moment the order is placed.

Depending on the nature or the amount of the order, the Society remains free to require a deposit or the full payment of the price during the placement of the order or during the reception of the bill.

The payment can be made through :
• Credit card

If it is not possible to partially or totally pay of the services on the due date mentioned on the bill, the professional customer will have to give the Society a delay penalty which rate equals the rate applied by the European Central Bank for its refinancing exercise raised by 10 percentage points. The financing exercise restrained is the most recent to the date of the order of the services.

In addition to the late payment penalties, any amount, including the deposit, unpaid on the due date will result, because of the law, the payment of a standard payment rate of 40 euros due to the recovery costs.

In case there is a partial or total nonpayment of the services the agreed date mentioned on the bill, the customer consumer will have to give the Society a delay penalty which rate equals the legal interest rate.

No compensation cannot be carried out by the customer between the late fees in the supply of the ordered services and the sums due from the client to the Society for the acquisition of the proposed services on the website.

8. Right of withdrawal of the consumer

The consumer has a right of withdrawal of 14 days from the day of the order is placed, except for the products provided for by article L221-28 of the French Consumer Code as reproduced below:

“The right of withdrawal cannot be exercised for the contract :

  • 1/of service delivery fully complied before the deadline of withdrawal and which delivery became after express prior agreement from the consumer and express renunciation to his/her right of withdrawal;
  • 2/of service delivery or supply of goods which price depend on the fluctuations in the financial market that extend beyond the control of the professional and prone to occur during the withdrawal period;
  • 3/of service delivery produced according to the consumer’s specifications or definitely personalized;
  • 4/of service delivery prone to quickly deteriorate or to quickly become outdated;
  • 5/of supply of goods that have been unsealed by the consumer after the delivery and which cannot be returned for hygiene reasons or health protection;
  • 6/of supply of goods which, after being delivery and by their nature, are mixed up, inextricably linked with other items;
  • 7/of supply of alcoholic beverages which delivery is deferred beyond thirty days and which agreed value during the conclusion of the contract depends on the fluctuations of the market that extend beyond the control of the professional;
  • 8/ of maintenance or repair work that should be carried out urgently at the consumer’s private home and expressly requested by him/her, to a limit of the spare parts and works strictly necessary to resolve the emergency;
  • 9/of the supply of audio or video recordings or computer software which were unsealed by the consumer after the delivery;
  • 10/of supply of a newspaper, a periodic, or a magazine, except for the subscription agreement to these publications;
  • 11/concluded during a public auction;
  • 12/of provisions of services of lodging, other than residential accommodations, than transport or goods services, than car rentals, than catering or leisure activities that must be provided on a determined date or period;
  • 13/ of the supply of a digital content non supplied on a hardware support which execution began after express prior agreement of the consumer and express renunciation to his/her right of withdrawal.

"To exercise this right of withdrawal, the consumer sends a notice of cancellation to 44 route du grand pré – Villaroland (73210) Aime La Plagne.

The consumer will be repaid the entire fees paid for the service delivery within the 14 days following the awareness of the Society of the notice of cancellation. The reimbursement will be done with the same means of payment that has been used for the purchase.

9. Processing of the personal data

Registration on the website leads to the data processing of personal data of the customer. If the customer refuses the data processing of his/her personal data, he/she will be asked to abstain from using the website.

This data processing of personal data is done in accordance with the Data Protection Regulation 2016/679 of the 27​ th​ of april, 2016.

Furthermore, according to the Data Protection Act of January 6​ th​ , 1978, the customer has, at any time, a right to query, access, amend, rectification, modification and objection on all of these personal data by writing, through mail and with a justification of the identity, to the following address: info@world-dishes.com​ .

These personal data are necessary for his/her order processing and for the setting up of his/her bill if so, as well as for the improvement of the website functionalities.

10. Collected data sharing

The website can fall back on third-party companies to transact. While using the website, the customer accepts that third-party companies can have access to his/her data to ensure the proper functioning of the website.

These external companies have access to the collected data only in the context of the achievement of a specific task.

The website remains responsible for the data processing.

Moreover, the user can therefore be brought to receive information of commercial proposal from the Society of its associates.

The user can at any time defies the reception of these commercial proposal, by writing to the Society’s address, noted above.

Furthermore, the customers’ information may be transmitted to outsiders without their express prior agreement in order to achieve the following goals:

  • • respect the law
  • • protect everyone against personal injury, possibly even death
  • • combat fraud or the infringements inflicted to the Society or to its users
  • • protect the Society’s property rights

11. Data protection

The Society ensures a level of safety appropriate and proportional to the risks involved along with their probability, according to the Data Protection Act of 2016/679, April 27​th​, 2016.

Nevertheless, these measures do not represent by no means a guarantee and they do not engage the Society to a performance obligation regarding the data safety.

12. Cookies

In order to allow its users to enjoy an optimal navigation on the website and a better functioning of the different interfaces and applications, the Society is prone to establish a cookie on the user’s computer. This cookie enables to store navigation information on the website, along with the possible entered data by the users (especially searches, login, email, password).

The user expressly allows the Society to drop on the user’s hard drive a file, the “cookie”.

The user has the possibility to block, change the duration of storage, or erase this cookie through the interface of his/her browser. If the systematic deactivation of the cookies on the user’s browser prevent him/her from using some services or unctionalities on the website, this dysfunction will not be, in any case, a damage for the member who will not be able to ask for any compensation.

13. Changes

The Society reserves the right to change the website, the services proposed, the GTCS/GTCU along with all the delivery process or other element constituent of the services provided by the Society through the website.

When he/she orders, the user is submitted to the stipulations stated by the GTCS/GTCU effective during the order placement.

14. Responsibility

The Society cannot be, in any case, be held responsible for the unavailability, whether temporary or permanent, of the website, and, although it makes all necessary effort in order to permanently ensure the service, this one can be interrupted at any time. Besides, the Society reserves the right, through an act of will, to make the website unavailable in order to do any process of update, improvement or maintenance.

As mentioned before, the Society cannot be held responsible, in any case, of the delays of the performances of a service delivery for reasons that are out of its control, beyond its control, unpredictable and irresistible or which fault cannot be attributed to the Society.

15. Intellectual property

The brand, the logo, and the graphic charter of this website are trademarks to the INPI ​ ( the French national institute of Industrial Property) and to the protected work under intellectual property, which property belongs exclusively to the Society. Any distribution, use made, representation, reproduction, whether it would be partial or total, without the express authorization of the said Society exposes the offender to civil and criminal prosecution.

For a possible use of the name and the logo, the user must ask an authorization of use and this one must be approved by the LLC JOFRAL Society.

16. Jurisdiction clause

The governing law of the GTCS/GTCU is the french law. Any dispute that can appear between the Society and a user during the execution of one the action mentioned earlier will be subject to an attempt of amicable resolution. For want of anything better, the disputes shall be brought to the attention of relevant courts of common law.

The user is advised that he/she can have recourse to conventional mediation, to the mediation commission of consumer under article ​ L534-7 ​ in the Consumer Code, or to the instances for mediation sectoral that exist. He/she can also have recourse to any alternative mode for the dispute resolution in case of dispute.

17. Pre-contractual information

Before his/her order, the customer admits having had communication, in a legible and comprehensible way, of the GTCS/GTCU and of the information specified in articles ​ L111-1 ​ to ​ L111-7 ​of the Consumer Code, and especially:

  • • the essential features of the services;
  • • the services’ prices;
  • • the date of the period at which the Society undertakes to provide the service;
  • • the Society’s identity information (postal address, telephone number, email address);
  • • the information concerning the legal and contractual warranties and concerning their methods of implementation
  • • the possibility to have recourse to a conventional mediation in case of dispute;
  • • the information concerning the right of withdrawal (delay, method of exercise).

An order placement on the website means accession and acceptation of the GTCS/GTCU. The customer will not be able to benefit from a contradictory document.

18. The mediator’s contact

SARL Jofral

44 route du grand pré - Villaroland, Aime la Plagne 73210