General terms and conditions of sale

Between
GEORGES MONIN, a simplified joint stock company with a capital of 568,000 euros, registered in the Bourges Trade and Companies Register under number 573 721 370, whose registered office is located at 5, rue Ferdinand de Lesseps in Bourges (18000), represented by Mr. Philippe Bergerault in his capacity as Managing Director, hereinafter referred to as "MONIN",
And
The Client,
Individually referred to as "the Party" or together as "the Parties";
It was agreed as follows:
Definitions
For purposes of interpretation of these Terms and Conditions, the following definitions are agreed upon:
" Site www.villamonin.fr "
The Site www.villamonin.fr designates all the virtual screen pages that can be consulted by a computer accessing the Internet at the address https://www.villamonin.fr, through which the Customer can inquire about the available Courses and their prices, as well as select the Courses in which he/she wishes to participate or to offer.
The Site www.villamonin.fr is a service of communication to the public on line, with promotional and commercial character, published and exploited by the Company GEORGES MONIN, designated in head of the present General Conditions.
The director of the publication of the Site www.villamonin.fr is Mr. Philippe Bergerault, in his capacity as General Manager of the Company GEORGES MONIN SAS.
This site is hosted by the Company OVH, 2 rue Kellerman in Roubaix (59100), whose telephone number is 1007.
"Account"
The Account designates the interface in which all the data provided by the Customer is grouped together, hosted on the Site www.villamonin.fr. The access to the Account is done thanks to the Customer's Identifiers.
"Identifiers"
The Identifiers designate the e-mail address and the password chosen by the Customer, necessary to access his Account on the Site www.villamonin.fr.
"Courses"
The Courses refer to all the cooking courses offered for sale on the Site www.villamonin.fr.
The Customer is informed that the supply of products intended for the Cooking Classes is subject to the vagaries of the market, in particular for certain seasonal products. The Customer therefore accepts that MONIN makes adjustments to the recipes according to the availability of products.
The courses are given exclusively in French.

"File"
The Courses are each the subject of a description (the "File") mentioning their essential characteristics within the meaning of Article L111-1 of the Consumer Code.
The photographs illustrating the Courses do not constitute a contractual document and often put forward suggestions of presentation.
"Ordering"
The Order is the summary of the Courses and their detailed price, selected by the Customer in order to conclude a Sales Contract with MONIN.
"Confirmation page
The Confirmation Page refers to the screen of the www.villamonin.fr website, where the Customer is invited to check and, if necessary, correct the content of his Order, enter his billing address, read and download these General Terms and Conditions, and give his consent to the whole in order to conclude a Sales Contract.
"Sales contract".
The Sales Contract means the contract, the content and regime of which are determined by the Order and these General Conditions, by which MONIN undertakes, in return for a price, to deliver one or more Courses to the Customer.
"Client"
The Customer is a natural person of legal age and has the status of a non-professional consumer, as defined by French law and jurisprudence. As such, it is expressly provided that the Customer acts outside any commercial activity. It is expressly stated that MONIN does not intend to conclude any sales contract with a person who does not meet the definition of Customer.
1 Scope of these General Terms and Conditions of Sale
The present General Terms of Sale are exclusively applicable to the online sale of the Courses offered on the Site www.villamonin.fr. They can be consulted at any time on the Site www.villamonin.fr on a dedicated page, and can be communicated on simple request by telephone with the 02 45 41 06 10, by electronic mail (addressed to [email protected]) or by postal mail (addressed to the Villa MONIN 40, rue Moyenne - 18000 BOURGES). The Customer commits himself reading carefully the present General Conditions and accepting them, before proceeding to the payment of an Order placed on the Site www.villamonin.fr. The Customer is also invited to download, print and keep a copy of the Terms and Conditions. Acceptance of these Terms and Conditions on the Site is evidenced by a checkbox that must be ticked by the Customer on the Confirmation Page.
2 Content and interpretation of the Sales Contract
These General Terms and Conditions, together with the Customer's Order, contain all the commitments of the Parties relating to the Sales Contract, to the exclusion of all correspondence, proposals, agreements in principle and any other previous or future documents relating to the same transaction. 

MONIN reserves the right to modify its Terms and Conditions of Sale at any time but retains a version of the Terms and Conditions in effect on the date of each Customer Order.

The provisions of these Terms and Conditions shall be construed strictly: they shall be binding only to the extent expressed therein, and equity or usage shall not be used to interpret them except in the event of ambiguity in their terms.

If one or more of the stipulations of the present Terms and Conditions should be held invalid or declared as such in application of a Law, a Regulation or following a final court decision, the other stipulations shall retain all their force and scope.

3 Creation of an Account on the Site www.villamonin.fr

3.1 Conditions of registration

To be able to create an Account on the Site www.villamonin.fr, any person must meet the definition of Customer. MONIN reserves the right to deregister automatically any person who does not respect the definition of Customer. On the Site www.villamonin.fr, by clicking on "My Account" and then "Register", the Customer will be asked to provide an e-mail address. By clicking on "register", the Customer will validate his registration and will receive an email asking him to define a password. Once the password is chosen, the Customer will be able to access his Account. From his Account dashboard, the Customer can view his recent orders, manage his billing addresses and change his password or Account information.

3.2 Deregistration

The Customer can unsubscribe at any time by sending a message via the contact form of the Site www.villamonin.fr, indicating the email address of the account he wishes to unsubscribe. MONIN will proceed as soon as possible to the deletion of the Account and will send the Customer an email confirming the de-registration. 

4 Ordering process - Formation of the Sales Contract

4.1 Cooking classes

The Customer can fill his virtual basket by selecting one or more Courses on the Site www.villamonin.fr. For each selected Course, he will be asked for the name, first name, email and phone number of the participant. The Customer has the possibility to fill in a gift voucher code. The sign (*) indicates that the fields are mandatory and must be filled in.

After clicking on "Confirm Order" and then, if applicable, logging in to his Account, the Customer accesses the Confirmation Page, from which he has the possibility :

  • to check the details of his order and its total price, and to correct possible errors;
  • to read and download the present General Conditions;
  • to fill in the billing address.

The Sales Contract shall only be formed upon confirmation of the Order and these General Terms and Conditions by the Customer, evidenced by :

  • Customer's selection of the "I have read and accept the Terms and Conditions" checkbox on the Confirmation Page,
  • by the validation by the Customer of the virtual button "Order",
  • by the full payment of the Order.

4.2 Gift voucher / Offer a course
The Customer has the possibility to offer a Course by selecting one or more gift vouchers on the Site www.villamonin.fr. For each gift voucher selected, he will be asked for the name of the recipient of the voucher, his own name and a message for the recipient.
The Customer has the possibility to check a box to have the gift voucher sent directly to the recipient. In this case, the email address of the recipient must be filled in by the Customer.
After clicking on "Order" and then, if necessary, logging into his Account, the Customer accesses the Confirmation Page, from which he has the possibility :

  • check the details of his order and its total price, and correct any errors
  • to read and download the present General Conditions;
  • to fill in the billing address.

The Sales Contract shall only be formed upon confirmation of the Order and these General Terms and Conditions by the Customer, evidenced by :

  • Customer's selection of the "I have read and accept the Terms and Conditions" checkbox on the Confirmation Page,
  • by the validation by the Customer of the virtual button "Order".

5 Termination of the Sales Contract
The Sales Contract shall be terminated by the payment of the price of the Courses and their completion.
6 Acknowledgement of receipt of Order confirmation and archiving of the Sales Contract
MONIN will acknowledge, without undue delay, the Customer's confirmation of his Order and these Terms and Conditions.
MONIN reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers having the quality of consumers.
The acknowledgement of receipt, which shall contain a summary of the Order and a copy of these General Terms and Conditions, shall be sent to the e-mail address provided by Customer, or made available to Customer for downloading or printing.
MONIN will archive an identical document in electronic form.
The Customer, provided he can prove his identity (including, as appropriate, by means of the date of conclusion of the corresponding sales contract, proof of payment of the courses ordered, etc.), may at any time request communication of the archived document to MONIN.
7 Right of withdrawal
In accordance with Article L221-28 of the French Consumer Code, the Customer does not have the right to withdraw from the Sales Contract, as the latter relates to a catering service to be provided on a specific date or period.
8 Cancellation of the Order
The Customer has the possibility to cancel his or her Order at no cost, provided that he or she informs MONIN, via his or her Account, at least 48 hours before the date of the Course(s) to be cancelled.
If the Customer cancels his participation less than 48 hours before the Course(s) ordered, the amount of the Order will be retained by MONIN as compensation for its damage.
MONIN has the right to cancel any Order up to 24 hours before the date of the Course(s) concerned if there are not at least two participants or in case of force majeure.
In the event of a cancellation giving rise to a refund, MONIN shall refund the Customer all sums paid within a maximum period of 7 (seven) working days. Any refund shall use the same means of payment as the one used by the Customer for the payment of the price of the Order, unless the Parties expressly agree on a different means.
9 Resolutive conditions
9.1 For failure to pay
Even though it has been formed under the conditions referred to in Article 4 above, the Sales Contract shall be terminated automatically and without any formality whatsoever in the event of non-payment of the price under the conditions referred to in Article 12 below, regardless of the cause thereof.
9.2 For failure to attend the Course
The Sales Contract will be automatically terminated without any formality if the Customer does not show up at the Cooking Class at the scheduled date and time.
In such a case, the price of the Order shall remain with MONIN as compensation.
10 Proof of the Sales Contract
It is expressly agreed between the Parties that the acknowledgement of receipt of the Order archived by MONIN, in conditions to ensure its integrity and durability, will be considered as perfect proof of the Sales Contract.
It shall prevail, unless its falsification is demonstrated, over any document produced by the Customer.
Any sales contract concluded with the Customer corresponding to an Order amounting to more than 120 euros including VAT will be archived by MONIN for a period of ten (10) years in accordance with Article L213-1 of the Consumer Code.
11 Prices of ordered courses
The price of the Courses is indicated on each form in euros including all taxes.

The total amount due by the Customer is indicated on the confirmation page.
It is expressly understood that the price paid by the Customer will in no case be considered as a deposit.
12 Payment of the Order
Once the Order has been confirmed and these Terms and Conditions have been accepted by the Customer in accordance with Article 4 above, the Customer shall be obliged to make payment and shall be immediately invited to pay the full price of the Order by credit card.
The Site www.villamonin.fr is equipped with a system of security of the on-line payments allowing the Customer to encrypt the transmission of his banking data.
The Customer shall be debited with the amount of his/her Order between 24 and 72 hours after having proceeded to the payment on the www.villamonin.fr website.
13 Liability
The proper conduct of the cooking classes requires the active participation of the Customer. The latter undertakes to be vigilant and to respect the instructions of hygiene and safety given by MONIN.
It is specified that MONIN can not be held responsible for damage caused to the Customer or his property, particularly during the cooking phases.
Any Customer who wishes to reproduce the recipes proposed by MONIN outside the Course does so under his responsibility. It will be up to him to make sure that the preparation of the recipe or the consumption of the product obtained by himself does not involve any risks.
MONIN will not be responsible for recipes made by the Customer under his own responsibility, even on the grounds that the recipe was previously presented in the Course.
At the end of the Course, the Client may take away the dishes prepared during the Course, but it is specified that the meal dishes must be kept in a cool place and consumed during the day. MONIN cannot be held responsible for damages caused by the consumption of dishes prepared during a Course and consumed outside its premises.
MONIN will in no case be responsible for any breach of the Sales Contract attributable to the Customer, to the insurmountable fact of a third party or to a case of force majeure.
Except in the case of fraud or gross negligence, MONIN's responsibility cannot be engaged beyond a sum equal to the price paid by the Customer.
MONIN can not be held responsible to the Customer for the risks, of any nature whatsoever, inherent in browsing the Internet, including when consulting the Site www.villamonin.fr or a website to which it would be referred by a hyperlink or any other form of referencing, including:

  • loss, damage, hacking of data caused by such navigation;
  • viral infection of the Customer's machines;
  • of the access by the Customer to any illicit content.

14 Personal data
To the extent necessary to process, track and execute Sales Orders, MONIN may collect, process and store personal data concerning, directly or indirectly, the Customer.
These data are intended for the commercial and administrative services of MONIN and kept for the duration necessary for the execution of the sales contract.
The Customer may access, modify, rectify, portability or erase them and oppose their use. The implementation of these rights will be possible by sending a simple email to the address [email protected]
For more information, the Customer can consult MONIN's privacy policy.
15 Invalidity of a clause - Tolerance
In case of nullity of one or the other of the clauses of the GCS, it will be up to the Parties, or in case of disagreement, to the Judge seized, to substitute a clause of the same scope producing, in the common intention of the Parties, identical legal effects.
If such substitution is not possible, this Agreement shall not be null and void and the remaining provisions shall continue in effect.
A waiver by either Party of any provision of this Agreement shall not be construed as a general waiver of such provision.
16 Handling of claims and disputes - Applicable law
Any complaint of the Customer, relating to the execution of the sales contract, can be addressed to MONIN, which undertakes to treat any complaint within a reasonable time.
If the outcome of the Customer's complaint does not satisfy him, the Customer may submit the difficulty encountered to the mediation procedure provided by MONIN, by writing to [email protected]
The Parties remain free to accept or refuse the recourse to mediation and, in case of recourse to mediation, to accept or refuse the solution proposed by the mediator.
For more information, the Customer can consult the following web page:
https://www.economie.gouv.fr/dgccrf/Publications/Vie-pratique/Fiches-pratiques/mediation
The Sales Contract is subject, in its form,