These General Terms and Conditions of Sale ("GTC") govern the conditions applicable when an User places an order through the Platform.
The contract relating to the purchase of a Product is concluded exclusively between the User and the Partner. RESTOLIV is not, under any circumstances, a party to such contract.
The Partner's own supplementary terms and conditions may also be available on the Platform or on the Partner's website where the order is placed through the Partner's website. In the event of any inconsistency between the Partner's supplementary terms and these GTC, these GTC shall prevail.
Customer means any user, whether acting as a consumer or as a professional, who places an order through the Platform.
GTC means these General Terms and Conditions of Sale governing the contractual relationship between the Customer and the Partner from whom the order is placed.
Personal Account means the personal area available to the User on the Platform following registration, accessible using the User's login credentials and password.
Party or Parties means, individually or collectively, the Customer placing an order through the Platform and the Partner.
Product means any good, meal, or item offered for sale by the Partner through the Platform or through the Partner's own website.
Partner means any professional offering Products for sale on the Platform in the course of its business activity.
User means any natural or legal person, whether acting in a professional capacity or as a consumer, using the Platform.
These GTC supplement the Partner's own terms and conditions where such terms have been made available to the Customer through the Partner's website or via the Platform. They apply in addition to the Platform's General Terms of Use, which every User must accept.
These GTC contractually bind the Customer and the Partner offering the Product purchased by the Customer.
The purpose of these GTC is to define the terms and conditions governing the sale of Products by Partners listed on the RESTOLIV Platform when the purchase is made by the Customer through the Platform.
The Customer acknowledges having read these GTC and accepts them in their entirety and without reservation when placing an order.
Any contrary terms or conditions submitted by the Customer shall, unless expressly accepted in writing, be unenforceable against either RESTOLIV or the Partner, regardless of when such terms may have been communicated.
In the event of any inconsistency between different language versions of these GTC, the French version shall prevail.
RESTOLIV reserves the right to amend all or part of these GTC at any time. The version applicable to the Customer shall be the version available online on the date the order is placed.
The fact that RESTOLIV or the Partner does not invoke any provision of these GTC at a given time shall not be construed as a waiver of the right to rely upon that provision or any other provision at a later date.
Where the Customer orders a Meal and suffers from a specific food allergy or intolerance, it is the Customer's sole responsibility to review the allergen information provided by the Partner and to place an order only if they are certain that the Meal is suitable for their specific dietary requirements and does not pose any health risk.
The Partner is solely responsible for the accuracy and completeness of the information it provides regarding allergens and ingredients.
Excessive alcohol consumption is harmful to health and alcoholic beverages should be consumed responsibly.
In accordance with Article L.3342-1 of the French Public Health Code, the sale of alcoholic beverages to minors is strictly prohibited.
By placing an order through the Platform, the Customer expressly waives the benefit of Article 1587 of the French Civil Code, under which the sale of wine becomes final only after tasting and approval by the purchaser.
Any Order placed by, or on behalf of, a minor and including one or more alcoholic beverages shall be refused if RESTOLIV or the Partner becomes aware of such circumstance.
The Customer is solely responsible for complying with all applicable laws regarding the purchase of alcoholic beverages. Where required, proof of identity may be requested upon delivery and/or collection of Products containing alcohol.
The Customer selects the Product(s) they wish to purchase through the Platform.
Where the Product consists of a Meal, the Customer shall select the preferred approximate delivery time slot.
Before confirming the Order, the Customer is presented with an order summary.
This summary includes the list of selected Products together with any additional charges, including delivery fees where applicable.
The price applicable to each Product shall be the price displayed on the Platform at the time the Order is placed.
In the event of a manifest pricing error resulting in an obviously incorrect displayed price, the Customer acknowledges that the final price may be corrected. Should the revised price not be acceptable, the Customer shall have the right to cancel the purchase before completion.
Prior to final confirmation of the Order, the Customer may modify the contents of the shopping cart and correct any errors.
The Customer must provide an accurate delivery address together with any information necessary for the successful completion of the delivery.
The Customer acknowledges that inaccurate, incomplete, or misleading delivery information may prevent delivery from being completed and that any additional delivery attempt may be charged to the Customer.
The Customer confirms acceptance of the Order by ticking the box indicating acceptance of these General Terms and Conditions of Sale and by clicking the order confirmation button.
The words "Order with obligation to pay", or any other equally clear wording, shall appear next to the order confirmation button in order to ensure that the Customer expressly acknowledges their payment obligation.
At the time of purchase, the Customer completes payment online by bank card through Stripe, or pays the Partner directly on-site where such payment option is offered by the Partner.
The sales contract between the Customer and the Partner is concluded as soon as the Customer has validated both the Order and these General Terms and Conditions of Sale.
The Customer's payment method is then charged for the total amount of the Order.
The Customer subsequently receives by email an order confirmation issued on behalf of the Partner together with a copy of these General Terms and Conditions of Sale, which should be retained by the Customer.
Should the Partner, for reasons beyond RESTOLIV's control, be unable to fulfil the Order, the Customer shall be refunded without undue delay.
Under no circumstances shall RESTOLIV be held liable for the Partner's failure to fulfil an Order, the Partner remaining solely responsible for the proper performance of Orders placed through the Platform.
The price of each Product is freely determined by the Partner and displayed in euros (EUR), exclusive of VAT and inclusive of VAT where applicable.
The Partner is solely responsible for determining the price of its Products, including the calculation, declaration, and payment of all applicable taxes, including Value Added Tax (VAT).
The total amount payable by the Customer includes:
(a) the price of the Product as determined by the Partner;
(b) any applicable taxes;
(c) delivery fees, where applicable.
Payments shall be made in euros (EUR) by bank card through the payment service provider Stripe.
Stripe ensures that all payment transactions are processed through a secure payment system. RESTOLIV does not, at any time, have access to the Customer's banking or payment details.
The Customer warrants that they are duly authorised to use the selected payment method when placing an Order.
RESTOLIV reserves the right to suspend or cancel the processing and/or delivery of any Order, regardless of its stage of execution, in the event of:
failure to make payment;
partial payment of any amount due by the Customer;
payment incidents;
fraud or attempted fraud relating to the use of the Platform or the payment of an Order.
Where a Product is unavailable or out of stock after an Order has been placed, the Customer shall be informed without undue delay and shall receive a full refund of the amounts paid.
Once payment has been successfully completed, RESTOLIV shall send the Customer an order confirmation by email.
No delivery shall commence until full payment of the Order has been received from the Customer.
Products may be available either for Click & Collect or Home Delivery, depending on the Customer's location and the geographical coverage of the Partner.
Where Home Delivery is available, the Customer undertakes to be present at the delivery address at the estimated delivery time.
The Customer may track the preparation of the Order and the delivery driver's journey through the Platform where such functionality is available.
If the Customer is absent at the time of delivery, the delivery driver may wait for up to ten (10) minutes.
After this period, the Product may be returned to the Partner.
Where the Product consists of a Meal or any other perishable food item, it cannot be delivered a second time. A new Order must therefore be placed by the Customer, who shall not be entitled to any refund.
Where the Product is a non-perishable good, a new delivery may be arranged at the Customer's expense.
Upon receipt of the Product, the Customer shall verify that it conforms to the Order and check for any visible defects, damage or deterioration.
Any non-conformity, damage or defect must be reported to both RESTOLIV and the Partner within forty-eight (48) hours of delivery (including weekends and public holidays), together with any supporting evidence such as photographs.
If the package is visibly damaged upon delivery, the Customer must refuse to accept it.
The Customer must also notify both the Partner and RESTOLIV if the Product has not been delivered.
Where a Product is confirmed to have been lost during delivery, RESTOLIV shall refund the Customer the full amount paid for the Order.
This reimbursement is made by RESTOLIV on behalf of the party responsible for the loss. RESTOLIV reserves the right to recover the full amount of the sums so advanced from the Professional and/or the Delivery Person found to be liable, including by way of set-off against sums owed to them for subsequent orders or deliveries.
The Partner shall not be liable where the failure to deliver results from the actions of a third party unrelated to the Agreement or from an event of Force Majeure.
RESTOLIV is not responsible for the delivery service itself. Deliveries are carried out either by an independent delivery driver who has accepted the delivery on behalf of the Partner or by a delivery driver employed directly by the Partner.
Where the Customer qualifies as a consumer under applicable consumer protection laws, ownership of the Product shall transfer upon full payment of the purchase price, including all taxes and applicable fees.
The risk of loss or damage to the Product shall transfer only when the Customer, or a third party designated by the Customer, takes physical possession of the Product.
Where the Customer purchases the Product in the course of its professional or commercial activity, ownership and risk shall both transfer upon full payment of the purchase price, including all taxes and applicable fees.
Where delivery is requested, transportation shall therefore be carried out entirely at the Business Customer's own risk.
Customers qualifying as consumers under applicable consumer protection laws are entitled to exercise their statutory right of withdrawal within fourteen (14) days from the date of receipt of the Product.
The right of withdrawal may be exercised directly with the Partner or with RESTOLIV, which shall forward the request to the Partner where appropriate.
To exercise this right, the Customer must send the withdrawal form available on the Platform by email to the Partner or to RESTOLIV.
The Customer shall return the Product(s) in the same condition in which they were received, together with all original packaging, accessories and instructions, even if the Product has been unpacked.
The Product(s) must be returned without undue delay and, in any event, no later than fourteen (14) days after notification of the decision to withdraw, to the address provided by the Partner.
In accordance with applicable law, the Customer shall bear the direct cost of returning the Product(s).
Where payment has already been made, the Customer shall be refunded within a maximum period of fourteen (14) days following receipt of the returned Product.
RESTOLIV shall reimburse the Customer using the same payment method used for the initial transaction unless the Customer expressly agrees to another payment method.
Such reimbursement shall not give rise to any fees for the Customer, except for the return shipping costs, which remain the Customer's responsibility.
The refund shall be processed as soon as possible and no later than fourteen (14) days from the date on which the Partner receives the returned Product(s) or receives proof that the Product(s) have been returned.
Pursuant to Article L.221-23 of the French Consumer Code, the Customer shall only be liable for any diminished value of the returned Product resulting from handling other than what is necessary to establish its nature, characteristics and proper functioning.
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to:
Products liable to deteriorate or expire rapidly;
sealed Products which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
food products, including Meals ordered through the Platform;
Products manufactured according to the Customer's specifications or clearly personalised;
audio or video recordings and computer software unsealed after delivery.
Accordingly, food products and Meals ordered through the Platform cannot be cancelled under the statutory right of withdrawal once delivery has taken place.
All Products sold by a Partner to a Customer acting as a consumer benefit from the statutory legal guarantees provided under French law, including the legal guarantee of conformity under Articles L.217-4, L.217-5 and L.217-12 of the French Consumer Code, as well as the warranty against hidden defects provided under Articles 1641 and 1648 of the French Civil Code.
The Partner shall remain solely responsible for the conformity of the Products supplied to Customers.
The Customer shall provide all necessary evidence supporting the existence of any apparent defect, hidden defect or lack of conformity.
Where the Partner confirms the existence of a defect or lack of conformity, the Partner shall provide the Customer with instructions regarding the return procedure and, where appropriate, replace the defective Product.
Where replacement is impossible, the Partner shall reimburse the Customer within fourteen (14) days following receipt of the returned Product.
All returned Products must be sent directly to the Partner.
Any additional statutory or commercial warranty, together with any specific return conditions applicable to a particular Product, shall be described in the Partner's own Terms and Conditions, which are available through the Platform or directly on the Partner's website.
The Customer is responsible for reviewing and accepting such Partner-specific conditions before placing an Order.
For any request for information, clarification or complaint, the Customer should first contact Customer Support in order to allow an amicable solution to be sought before any further action is taken.
RESTOLIV acts solely as an intermediary connecting Customers with Partners.
RESTOLIV shall not, under any circumstances, be held liable for any information provided by Partners or other Users (including reviews, ratings, descriptions or other content published on the Platform). RESTOLIV does not guarantee the accuracy, completeness or reliability of such information.
Each Partner and each User remains solely responsible for the information they publish or transmit through the Platform.
All mandatory legal information relating to Products (including allergens, origin, regulatory compliance and other mandatory disclosures) is provided exclusively by the Partner, who undertakes to comply with all laws and regulations applicable to its business activity and to distance selling.
Each Partner shall update such information whenever a Product is modified or a new Product is offered for sale through the Platform.
Customers are responsible for contacting the Partner directly before placing an Order whenever they require additional information regarding allergies, intolerances or any other specific dietary or product-related concern.
RESTOLIV reminds Customers that every purchase contract is concluded exclusively with the Partner.
Accordingly, RESTOLIV shall not be liable for:
the Partner's performance or non-performance of an Order;
the quality, conformity or safety of the Products;
the Customer's satisfaction with the Products;
the fitness or suitability of Meals for consumption;
estimated delivery times displayed on the Platform, which are provided for information purposes only;
the refusal by a Partner to accept an Order, regardless of the reason (including delivery area restrictions, late ordering times, stock shortages or any other operational reason).
The Partner shall remain solely responsible for the matters listed above, except where the damage results from the Customer's own fault, the act of a third party, or an event of Force Majeure as defined under Article 1218 of the French Civil Code.
Events of Force Majeure include, without limitation, internet or telecommunications failures, strikes, severe weather conditions, natural disasters, terrorist attacks, epidemics, pandemics, governmental restrictions, or any other event beyond the reasonable control of the affected Party.
Business Customers acknowledge and agree that, should RESTOLIV's or the Partner's liability be established, the total compensation payable shall in no event exceed two (2) times the total value of the relevant Order, except in cases of gross negligence, wilful misconduct or bodily injury.
RESTOLIV Customer Service is available on Business Days (excluding public holidays) from 9:00 a.m. to 8:00 p.m. (French time) through the following contact methods:
Live Chat: via www.restoliv.fr
Telephone (non-premium rate): [to be completed]
Email: contact@restoliv.fr
Postal Address: [to be completed]
RESTOLIV will use reasonable efforts to assist Customers and, where appropriate, liaise with the Partner in order to facilitate the resolution of any issue.
However, RESTOLIV reminds Customers that every Product purchase contract is concluded exclusively with the Partner, who remains solely responsible for deciding whether and how to respond to the Customer's requests or claims.
The electronic validation ("click") performed by the User when accepting these General Terms and Conditions of Sale while placing an Order shall constitute valid acceptance of the Agreement.
Electronic records stored within RESTOLIV's information systems under reasonable security conditions shall constitute valid evidence of communications, transactions and contractual agreements between the Parties.
The order confirmation email sent to the Customer shall likewise constitute valid evidence of the Order and of the contractual relationship.
These General Terms and Conditions of Sale shall be governed exclusively by the laws of France.
Only the French version of these General Terms and Conditions of Sale shall be legally binding.
Any complaint relating to RESTOLIV's services must first be submitted in writing to:
RESTOLIV SAS
47 Rue Marcel Dassault
92100 Boulogne-Billancourt
France
or by email at:
The Customer may also submit a complaint directly to the Partner.
In the event of a dispute, the Customer and the Partner undertake to use their best efforts to reach an amicable settlement.
If no amicable solution has been reached within fifteen (15) days, the Customer may notify RESTOLIV, which may intervene in an attempt to facilitate the resolution of the dispute.
In accordance with Article L.612-1 of the French Consumer Code, Customers acting as consumers may also submit disputes relating to RESTOLIV to an approved consumer mediation body or through the European Commission's Online Dispute Resolution (ODR) Platform.
This procedure does not apply to disputes relating to the processing of personal data, which are governed by RESTOLIV's Privacy Policy.
Before referring a dispute to a mediator, the Customer must first attempt to resolve the matter amicably by sending a detailed written request to:
Business Customers agree that any dispute relating to the validity, interpretation, performance or termination of these General Terms and Conditions of Sale shall fall within the exclusive jurisdiction of the Commercial Court of Paris (France), including in cases involving multiple defendants or third-party proceedings.
Nevertheless, the Parties undertake to attempt an amicable settlement before initiating any legal proceedings.
To the attention of:
I hereby notify you of my withdrawal from the contract relating to the sale of the Product described below.
Order placed on () / received on ():
Product concerned:
Customer's full name:
Customer's address:
Customer's signature (only if this form is submitted in paper format):
Date:
(*) Delete as appropriate.
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