GENERAL TERMS AND CONDITIONS OF SALE AND LEGAL NOTICES
1. WEBSITE PRESENTATION
The website www.restaurantelbi.fr (the “Website”) is dedicated to the culinary world of the Elbi restaurant, located at 54 rue de Paradis, 75010 Paris (the “Restaurant”). It enables the sale of products, gift cards, gastronomic experiences, and other services related to the Restaurant.
The Website is published and commercially operated by Tiptoque (the “Seller”), a simplified joint-stock company with a share capital of €46,800, registered with the Paris Trade and Companies Register under number 813 464 146 (SIRET 813 464 146 00030), with its registered office at 1 rue de Stockholm, 75008 Paris, France, intra-community VAT number: FR 05 813 464 146.
Contact: restaurant@restaurantelbi.com – Phone: +33 1 42 26 40 14
2. ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE
2.1
All orders placed on the Website are subject to these Terms and Conditions of Sale (the “T&Cs”).
2.2
The customer declares that they are a natural person aged at least 18 years old and legally capable of entering into contracts, or that they hold authorization allowing them to place an order on the Website (the “Customer”).
In the event of an order including alcoholic beverages, the Seller reserves the right to request proof of age from the Customer and to cancel the order if there are legitimate reasons to believe the Customer is underage.
The Customer declares that they are acting for personal use or, when acting in a professional capacity, for the purposes of their business activity, and undertakes not to resell the ordered products or services without authorization.
2.3
The T&Cs are enforceable against the Customer, who acknowledges having read and accepted them by checking the corresponding box before placing an order. The applicable T&Cs are those in force on the date the order is effectively validated.
3. CONDITIONS OF SALE
3.1
The products and services offered on the Website are sold by the Seller, who determines or validates their essential characteristics, price, and terms of use. The sales contract is concluded between the Customer and the Seller.
The Seller handles order processing, customer service, and complaint management. The Seller assumes contractual responsibility for the proper performance of the services marketed on the Website.
3.2
The Restaurant participates in the material execution of certain services as a partner of the Seller. Other culinary partners selected by the Seller may also contribute to the execution of the offers available.
3.3
Amounts paid by the Customer are collected by the Seller on its own behalf in exchange for the ordered products or services.
4. PRODUCTS AND SERVICES
4.1
Each product or service offered on the Website includes a description enabling the Customer to understand its essential characteristics before placing an order, in accordance with the French Consumer Code. Such information notably includes the nature of the offer, potential allergens, and, where relevant, storage, reheating, or usage instructions.
4.2
Photographs and visuals displayed on the Website are provided for illustrative purposes only. They do not constitute a contractual commitment provided that the delivered or performed service remains compliant with its essential characteristics.
4.3
Products and services are offered subject to availability. In the event of unavailability after an order has been placed, the Customer will be informed as soon as possible. Depending on the nature of the offer concerned, a replacement solution, postponement, credit note, or refund may be proposed.
4.4
The composition of dishes may evolve depending on the season, supply conditions, the chef’s inspiration, or operational constraints, provided that the nature, standard, and spirit of the ordered service are maintained.
4.5
Where storage, reheating, or tasting instructions are required, they are provided with the products or communicated to the Customer by any appropriate means.
5. PRICES
5.1
Prices are indicated in euros, inclusive of all taxes, excluding any delivery or processing fees specified before order validation.
5.2
The total amount due by the Customer is indicated on the order confirmation page before final validation.
5.3
The Seller reserves the right to modify its prices at any time. Offers are invoiced on the basis of the rates in force on the date of the order.
5.4
The price is payable in full upon order confirmation, unless specific conditions have been agreed with certain professional Customers.
6. REUSABLE CONTAINERS – SECURITY DEPOSIT
Certain offers are delivered in reusable containers (cast iron cocottes, ceramic boxes, or others). A bank imprint or security deposit may therefore be required from the Customer before order validation. The amount of the deposit and the return deadline are specified on the product page and reiterated before validation.
This amount is only charged in the event of non-return within the announced period or abnormal deterioration attributable to the Customer.
Returns may be made directly to the Restaurant or through the delivery service provider, according to the procedures communicated when the order is placed.
7. GIFT CARDS
7.1 Nature
Gift cards offered on the Website allow their holder to benefit from a service within the Restaurant selected by the Seller: menu, gastronomic experience, product, or any other eligible offer. They constitute a right to services issued by the Seller. They do not constitute electronic money or a payment service.
7.2 Validity
Gift cards are valid for the period specified at the time of purchase. This period begins on the date of order confirmation.
7.3 Use
Gift cards are used according to the terms indicated on the Website. They may apply to a specific offer or allow the beneficiary to choose among eligible offers available.
7.4 Reassignment and Extension
Subject to the conditions specified on the Website, a gift card may be reassigned to another offer or have its validity period extended, according to the terms, deadlines, and possible fees indicated at the time of the request. Unless otherwise stated, each of these operations may only be carried out once.
7.5 Unavailability of the Initial Offer
If the initially ordered offer cannot be performed, notably in the event of temporary or permanent closure of the Restaurant, prolonged unavailability, or material impossibility, the Seller shall propose to the Customer or beneficiary a replacement solution, reassignment, extension, credit note, or, failing a satisfactory solution, a refund under the conditions provided by law.
7.6 Refunds
Gift cards are non-refundable, except where the legal right of withdrawal is validly exercised or where reimbursement is required by law.
8. ORDERING AND PAYMENT
8.1
The Customer selects the desired products or services, adds them to their cart, and validates the order. Before final validation, the Customer may review the details of the order, the total price, and correct any errors.
8.2
The Customer provides the information necessary for processing the order, including contact details, email address, and, where applicable, delivery and billing information.
8.3
Payment is made immediately upon ordering through a secure payment service provider.
8.4
The Seller reserves the right to suspend or cancel any order in the event of inaccurate information, abnormally high amounts, non-payment, payment incidents, or suspected fraud.
8.5
Validation of the order through payment constitutes acceptance of these T&Cs and forms the contract. An order confirmation is sent to the Customer by email as soon as possible.
9. DELIVERY
9.1
Delivery areas are indicated on the Website or in the product descriptions.
9.2
Delivery is carried out according to the terms indicated at the time of ordering.
9.3
If the Customer is absent at the agreed location and time, the Seller cannot be held responsible for the impossibility of delivering the products due solely to the Customer. Depending on the nature of the products, a new delivery may be arranged, potentially at the Customer’s expense.
9.4
The Seller cannot be held liable for consequences resulting from incorrect or incomplete information provided by the Customer.
10. PRODUCT STORAGE
Deliveries are made using packaging adapted to the nature of the products in order to maintain them in optimal conditions until delivery to the Customer.
After delivery, it is the Customer’s responsibility to strictly comply with the storage instructions communicated with the products.
The Seller cannot be held liable for deterioration of the products due to improper storage, negligence by the Customer, or failure to follow reheating or consumption instructions.
11. WARRANTIES AND QUALITY
11.1
All products sold on the Website benefit from the legal guarantee of conformity and the warranty against hidden defects under the conditions provided by applicable laws.
11.2
If the Customer is not fully satisfied with the quality of the delivered products or notices a lack of conformity, they are invited to contact customer service as soon as possible at restaurant@restaurantelbi.com, providing any useful supporting evidence. Depending on the circumstances, a replacement, credit note, or refund may be offered.
11.3
The Seller is responsible towards the Customer for the quality, conformity, and proper execution of the services sold on the Website, including where they are materially carried out by the Restaurant or a partner.
11.4
However, the Seller cannot guarantee that the products or services will meet the purely subjective taste preferences of each consumer.
12. RIGHT OF WITHDRAWAL
12.1 Perishable Products
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for products liable to deteriorate or expire rapidly.
12.2 Non-Perishable Products and Gift Cards
Where provided by law, the consumer Customer has a period of fourteen days to exercise their right of withdrawal. With regard to gift cards, this right may be exercised within fourteen days from receipt, provided that they have not been used, reassigned, or applied to a reservation.
12.3 Procedure
To exercise this right, the Customer must send their request to restaurant@restaurantelbi.com before the expiration of the applicable period. In the event of a valid withdrawal, reimbursement shall be made within the legal timeframe using the same payment method used for the order, unless otherwise agreed.
13. LIABILITY
13.1
The Seller is liable to the Customer for the conformity of the products and services sold and for their proper execution, including where they are materially carried out by the Restaurant or a partner.
13.2
Such liability cannot be engaged in the event of improper storage or misuse of the products by the Customer, incorrect information provided by the Customer, force majeure as defined in Article 1218 of the French Civil Code, or acts exclusively attributable to the Customer or a third party unrelated to the execution of the service.
13.3
For professional Customers, the Seller’s total liability relating to an order shall not exceed the amount effectively paid for said order. This limitation does not apply to consumer Customers.
13.4
Nothing in these T&Cs shall have the purpose or effect of excluding or limiting the Seller’s liability in the event of bodily injury, gross negligence, fraud, or where prohibited by law.
14. PERSONAL DATA
Customers’ personal data is processed in accordance with applicable regulations. The methods of collection, use, and retention of data are specified in the privacy policy accessible on the Website.
For any questions, the Customer may write to restaurant@restaurantelbi.com.
15. INTELLECTUAL PROPERTY
All elements appearing on the Website — texts, visuals, photographs, trademarks, logos, graphics, and content — are protected by intellectual property rights and remain the property of their respective owners.
Any reproduction, representation, adaptation, or use without prior written authorization is prohibited.
16. PARTIAL INVALIDITY
If any provision of these T&Cs is declared null, unlawful, or unenforceable, the remaining provisions shall remain applicable unless the overall balance of the contract is fundamentally affected.
17. APPLICABLE LAW AND DISPUTES
These T&Cs are governed by French law.
In the event of a dispute, the Customer is invited to contact the Seller in order to seek an amicable solution. Failing this, disputes shall be submitted to the competent courts under the conditions provided by applicable law.
18. LEGAL NOTICE
Website Publisher
Tiptoque, a simplified joint-stock company with a share capital of €46,800, registered with the Paris Trade and Companies Register under number 813 464 146 (SIRET 813 464 146 00030), with registered office at 1 rue de Stockholm, 75008 Paris, France. Intra-community VAT number: FR 05 813 464 146.
Publication Director
Thomas Bouvier.
Contact
restaurant@restaurantelbi.com
+33 1 42 26 40 14
Hosting Provider
Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland.