Terms and Conditions
GEORGES MONIN is a simplified joint stock company with a capital of 568,000 euros, registered in the Bourges Trade and Companies Register under the 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 General Manager, hereinafter referred to as " MONIN ".
MONIN is the world leader in the manufacture and distribution of quality syrups, fruit purees, sauces and liqueurs for professionals.
The Villa Monin is an establishment located at 40, rue Moyenne in Bourges (18000), dedicated to the discovery of the MONIN company's universe and which proposes the reservation of seminar rooms and an amphitheatre, as well as cooking and chocolate courses (the "Courses").
Within the framework of the activities of the Villa, MONIN formalizes its contractual relations by means of an estimate addressed to the Customer and the present General Conditions.
The present General Conditions, to which the estimates will be systematically subjected, have for object to define the rules governing any contract of service concluded between MONIN and its Customers.
1 Scope of these Terms and Conditions
Any contract concluded with MONIN necessarily implies the unreserved acceptance of the Customer to the General Conditions.
The rules and regulations are available at the Villa Monin, either by posting or by simple request to the staff of the Villa.
MONIN may modify its General Conditions at any time. The applicable version of the General Conditions is the one in force at the time of the formation of the contract between MONIN and the Customer, as stated in Article 3 below.
2 Content and interpretation of the Contract
The present General Conditions, as well as the quotation signed by the Customer and then confirmed by MONIN, contain all the commitments of the Parties, to the exclusion of all correspondence, proposals, agreements in principle and all other previous or future documents, relating to the same operation.
MONIN reserves the right to modify its Terms and Conditions at any time, but retains a version of the Terms and Conditions in effect on the date of the Customer's reservation.
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 Formation of the service contract
3.1 Room rental
The Customer who wishes to reserve a room will have to contact the Villa by telephone to 02.45.41.06.10 or to 06.03.96.92.58. He will indicate to MONIN his wish to reserve one or several rooms, as well as the desired conditions of this reservation (date, time, number of places etc.).
An estimate and the present General Conditions will be sent to the Customer by email or by post as soon as possible. This estimate is valid for 1 month.
After ensuring that the services listed in the quote are in accordance with his request, the Customer must send a confirmation email to villamonin@monin.com and proceed to the payment by bank transfer of a deposit of 30% of the total amount of the quote.
Upon receipt of the quote signed by the Customer and the full deposit, MONIN will formalize its acceptance by sending a letter and an email confirming the reservation of the Customer.
The formation of the performance contract therefore involves the following two essential steps:
- the Customer must send the signed estimate to MONIN and pay the deposit;
- MONIN shall confirm in writing the receipt of these elements and the reservation of the Customer.
Any request for change made by the Customer after receipt of confirmation from MONIN can be taken into account only if it is received in writing. MONIN will be free to accept or refuse this request, without having to justify it.
All reservations are nominative and can in no case be transferred to a third party without the prior written agreement of MONIN.
3.2 Cooking or chocolate classes
The Customer has the possibility to book one or more Courses, the list of which is available on the website www.villamonin.fr.
To make a reservation, the Customer will have to fill his virtual basket by selecting one or more Courses on the website www.villamonin.fr and then log in to his Customer account or fill in his billing information.
The Customer has the possibility :
- to check the details of his order and its total price;
- to enter a gift certificate;
- to read these Terms and Conditions.
The formation of the service contract implies that the Customer accepts the present General Conditions, which is materialized :
- by the selection by the Customer of the check box "I have read and accept the general conditions";
- then by the validation by the Customer of the virtual button "Order".
4 Payment
A deposit of 30% of the total amount of the quote, payable by bank transfer, will be requested from the Customer at the time of confirmation of the reservation, by sending an email to villamonin@monin.com.
The formation of the contract obliges the Customer to pay in full for the related services.
The balance will be requested by MONIN at the end of the service, by sending an invoice. Unless otherwise stipulated in the confirmation issued by MONIN, the payment term is 30 calendar days from the date of issue of the invoice.
The Customer can pay for all or part of a Course with a gift voucher purchased on the website www.villamonin.fr. It is reminded that the gift vouchers are valid for one year from the date of purchase.
No discount will be granted for early payment.
Any delay in payment will automatically incur, without the need for any formality or prior notice, a penalty payable by the Customer calculated on the basis of three times the legal interest rate plus a fixed penalty of 40 euros.
MONIN reserves the right to refuse any further service to any Customer in case of late payment.
5 Cancellation
The Client has the possibility to cancel his reservation, provided that he informs MONIN, in writing, at least 4 days before the date of the rental of the room or the Courses which are the object of the cancellation.
MONIN has the right to cancel any Course up to 48 hours before the scheduled date if there are not at least two participants or in case of force majeure.
In the event of cancellation on the basis of one of the three hypotheses above, MONIN will refund the client for the totality of the sums paid. Any refund will use the same means of payment as the one used by the customer for the payment of the price of the reservation, unless the Parties expressly agree on a different means.
This refund will be made within a maximum of 7 (seven) working days.
If the Customer cancels his participation less than 4 days before the scheduled date of the rental or the Course, the total amount of the service contract will be retained by MONIN as compensation for its damage.
6 Arrival - Welcome
The reception of the Customer is done by a member of the Villa Monin, which will check that the number of participants corresponds to what is envisaged by the contract of service.
The identity of the Customer may also be verified.
To facilitate the organization when the services are provided in a group, the Client is required to designate, among the persons present, the person who will be the link with the member of the Villa.
Depending on the services ordered, a summary sheet of the day may also be given to the Customer.
7 Resolutive conditions
7.1 For failure to pay
Even though it has been formed under the conditions referred to in Article 3 above, the contract will be terminated by operation of law and without any formality whatsoever in the event of non-payment of the price under the conditions referred to in Article 4 above, regardless of the cause thereof.
7.2 For lack of presence
The contract will be cancelled automatically and without any formality if the Client does not show up to take possession of the rented room or the Course at the date and time scheduled.
In such a case, the total price of the contract will be retained by MONIN as compensation.
8 Responsibility
The courses are given exclusively in French.
The chocolate classes are taught by a professional from Chocolaterie MERCIER.
The proper conduct of the Course requires the active participation of the Client. The latter therefore undertakes to be vigilant and to respect the health and safety instructions given to him by the person running the Course.
The Customer is informed that the supply of products for the Courses is subject to the vagaries of the market, particularly for certain seasonal products. The Customer therefore accepts that MONIN may make adjustments to the recipes depending on the availability of products. The Customer may contact the chef who runs the Course for any information regarding the presence of allergens.
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 dishes must be kept cool 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 not be responsible for any breach of 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.
9 Personal data
To the extent necessary for the conduct, monitoring and execution of the contract, MONIN will be required to collect, process and store, by means of computer tools, personal data directly or indirectly concerning 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 Contract.
The Customer may access them, request their modification, rectification, portability or deletion and oppose their use. The implementation of these rights will be possible by sending a simple email to the address dpo@monin.com.
For more information, the Customer can consult MONIN's privacy policy.
10 Invalidity of a clause - Tolerance
In case of nullity of one or the other of the clauses of the General Conditions, 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.
11 Handling of claims and disputes - Applicable law
Any complaint of the Customer, relating to the execution of the 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 monin@monin.com.
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 Contract is subject, in its form, its conclusion and its execution, to the rules applicable in the French legal system.