GENERAL TERMS OF SALE
LENOTRE CLASSES FOR AMATEURS
AND THE WEBSITE www.ecole-lenotre.com
PART I – GENERAL TERMS OF SALE
For the purposes hereof, the terms defined below, both in the singular and in the plural, will have the following meaning:
. “Customer”: any natural person acting as a consumer as defined in the French Consumer Code (i.e., for purposes not falling within the scope of his commercial, industrial, craft, liberal or agricultural activity)
. “Classes”: services offered directly by the Service Provider or indirectly via its website.
ARTICLE 1 : GENERAL PROVISIONS
1.1 The Classes are conducted according to the provisions hereof supplemented by any special conditions of a Class. They take precedence over any purchase conditions which may be invoked against them and express all the rights and obligations of the parties and are inseparable, where applicable, from the “General Conditions of Use” section below for any reservation and/or order made via a website of the Service Provider.
1.2 If any of the provisions herein (in whole or in part) prove to be illegal, invalid or unenforceable, the other provisions will remain in effect
1.3 The failure of the parties to exercise their rights under these General Terms of Sale may in no case be interpreted as a waiver of the right to assert said rights.
1.4. This document is written in English.
1.5 Participants may not sell any product produced during the classes.
ARTICLE 2 : PURPOSE
Lenôtre offers classes for individuals, as described in the various offers available on its website, www.lenotre.com. The detailed content, location, date and time, as well as the price of the classes can be viewed on the ecole.lenotre.com website.
The purchase or reservation of one or more classes implies unconditional acceptance by the Customer or the participant of these General Terms of Sale.
ARTICLE 3 : PRICE
The price of the class is the price shown on the ecole-lenotre.com website on the day of the reservation. This price includes: the loan of an apron and kitchen utensils and the supply of the ingredients, recipe cards and preparations made during the class.
The prices are mentioned in euros, excluding taxes or all taxes included. Prices may be revised at any time without notice. The prices invoiced are those in effect on the day of the reservation. They are subject to the VAT rates in force on the day of the Class. Any new taxes or charges that may be created or any modification of the current charges or taxes would automatically lead to a readjustment of prices. Prices may also be subject to a differentiated pricing policy based on the management of available capacities which can lead to their variation. It is up to the Customer to determine, before validating the reservation, whether the price suits him. No dispute concerning the price can be taken into consideration subsequently. The prices of classes or non-class services cannot be modified after reservation.
ARTICLE 4 : RESERVATION AND PAYMENT CONDITIONS
4.1 The Service Provider makes these General Conditions available to the Customer on its website so the customer can read them before making any reservation.
Reservations are made in writing, via email or directly on the Service Provider’s website. To make a reservation, the Customer must be at least 18 years of age and be legally capable of contracting.
Any fraud that contravenes these General Provisions may result in the Service Provider refusing, at any time, access to the Classes.
4.2 Any reservation constitutes acceptance of these General Terms of Sale and becomes effective upon full or partial payment by the Customer. In the event of partial payment, the remaining balance must be paid by the Customer on the day of the class. A deposit of 90% of the total amount of the class will be required; this amount will be 100% for Internet reservations.
4.3 Payment is made on: ecole-lenotre.com or on site, in one of our Lenôtre schools, where the class will be held.
Registration is confirmed upon receipt of the reservation email.
4.4 Payment may be made by credit card, bank transfer or any other method of payment accepted by the Service Provider. When making any payment by bank card, the Customer agrees to only use his own personal card. In the event of fraudulent use, the Service Provider cannot be held liable. The Customer must indicate with each payment the number, the validity date and the cryptogram of his bank card. Remote payment by credit card is fully secured by SSL protocol and provided by an organization specializing in secure online transactions. The transmission of banking data is done by secure link and directly on the website of the said organization. In any event, the unavailability of the electronic payment service can in no way exonerate the Customer from his obligation to pay the price of the chosen Classes. Payment can also be made with the Lenôtre gift card or any other gift card accepted by Ecole Lenôtre. The updated list of gift cards or vouchers accepted by Ecole Lenôtre is available on our ecole-lenotre.com website.
4.5 Any late payment will result, after a letter of formal notice has been sent, in the invoicing of late interest excluding all taxes, equivalent to applying a rate equal to the rate of the European Central Bank plus 10 points. These penalties will be applied from the date the principal is due until the date of actual and full payment.
Lump sum compensation for collection costs of €40 will be due automatically by all professionals in the event of late payment (art. L441-5 of the French Commercial Code).
ARTICLE 5 : TERMS OF CONCELLATION
Notwithstanding Article 12, Lenôtre reserves the right to examine cancellation requests subject to the following condition:
– Formulate and send your request in writing to Ecole Lenôtre at the following address firstname.lastname@example.org, within 5 working days preceding the class. If the cancellation request is submitted less than 5 working days preceding the class, the class cannot be refunded or postponed. In the event the participant fails to attend, the class cannot be refunded or postponed.
In addition, Ecole Lenôtre reserves the right to cancel or postpone one or more classes, 5 days before the scheduled date. In this case, the total amount paid by the Customer will be refunded, if the reservation cannot be postponed to another date agreed with the Customer.
ARTICLE 6: LIABILITY
6.1 Recipes may change from one session to another. Ecole Lenôtre reserves the right to change one or more ingredients of a recipe according to arrivals and seasons. The classes involve the Customer’s active participation. For the class to run smoothly, the Customer agrees to abide by the health and safety rules, which are explained to him by the instructor before the Class starts.
6.2 Ecole Lenôtre cannot be held liable for damage caused to the Customer’s person or to his property during the cooking class. Ecole Lenôtre cannot be held liable for any damage or loss of personal items and effects brought by the Customer. At the end of the class, a customer who wishes to reproduce a recipe learned at Ecole Lenôtre, does so under his own liability and Ecole Lenôtre cannot be held liable for the result on the grounds that it was made at the Ecole Lenôtre. Ecole Lenôtre cannot be held liable for any damage resulting from the consumption of dishes made and then taken by the Customer outside the School.
ARTICLE 7 : CHILDREN’S WORKSHOPS
Our classes can be adapted to children from 8 to 16 years old. In this case, children must come with an adult. In the event that a third party comes to pick up the child in your place, you must inform the instructor at the start of the class.
ARTICLE 8 : CONFIDENTIALITY
The parties reciprocally undertake to keep the strictest confidentiality concerning all documents and information that would be brought to their attention in the course of performing the Classes.
ARTICLE 9 : INTELLECTUAL PROPERTY
The Service Provider holds all intellectual property rights relating to the brand and logos of Lenôtre and Ecole Lenôtre as well as to the www.ecole-lenotre.com website. he accessible elements, in particular in the form of texts, photographs, images, icons and sounds, are also protected by intellectual and industrial property rights and other private rights. The Customer may not under any circumstances reproduce, represent, modify, transmit, publish or adapt, on any medium whatsoever, by any means whatsoever or exploit in any way whatsoever, all or part of the Service Provider’s brands without its prior authorization. Any unauthorized use, for any reason whatsoever, of all or part of the information may be subject to any appropriate action, including in particular an infringement action. Likewise, it is expressly forbidden to use the Ecole Lenôtre recipes for demonstrations, publications, etc., without prior written authorization. Photographs, video films or any other recording process during lessons are not permitted. Ecole Lenôtre reserves the right to use the image of trainees on media used as educational tools or to illustrate programs, brochures and the website, unless the Customer indicates his refusal before the start of the class.
ARTICLE 10 : LIABILITIES – INSURANCE
The Service Provider accepts no liability in the event of theft or damage caused to all types of objects or goods (personal effects, hand luggage, equipment, etc.) belonging to the Customer or entrusted to him.
The Service Provider will invoice the Customer for any theft or damage to classroom furniture and property caused by the Customer. In the event it fails to fulfill its contractual obligations, the Service Provider cannot reimburse more than 100% of the class ordered.
The Service Provider declares that it is insured with a well-known solvent insurance company for its operating civil liability up to 8 million euros and in particular in the event of food poisoning.
ARTICLE 11 : FORCE MAJEURE
The Service Provider or the Customer reserves the right to cancel a Class in the event of force majeure (fire, explosion, attack, natural disaster, inability to access the training venue, administrative constraints, etc.). In this case, any deposit paid will be refunded without the Customer being able to claim any additional compensation.
ARTICLE 12 : RIGHT OF WITHDRAWAL
Pursuant to article L 221-28, 12° of the French Consumer Code, the Customer cannot exercise the right of withdrawal for catering services and leisure activities purchased on the Internet, which must be provided on a date or over a fixed period.
ARTICLE 13 : PERSONAL DATA
13.1 Processing performed. The personal data transmitted by the Customer is subject to computerized processing by the Service Provider, especially in the context of performing and managing its contractual relationship with the Customer, its legitimate interest in improving the quality and the operational excellence of the services offered to these Customers or compliance with certain regulatory obligations. These data are processed in compliance with law No. 78-17 of January 6, 1978 in force and/or any other law or any other applicable Community Regulation (hereinafter “Personal Data Legislation”).
The Service Provider only processes, collects and stores the personal data transmitted voluntarily by the Customer, such as: last name, first name, date of birth, contact details, nationality, bank data etc., especially in order to provide the classes ordered, manage its contractual relationship with the Customer, propose offers for products and services offered by the Service Provider and/or its partners and produce statistics.
At the time of each reservation, the Customer will be asked to complete or fill in a form, on which certain fields, indicated by an asterisk, will be compulsory. In the absence of a response or if the information provided is incorrect, the Service Provider will be unable to process the Customer’s request. The other data are optional.
The Customer guarantees the veracity and accuracy of the information provided by himself or any other third party using his data within the scope of these General Terms of Sale.
13.2 Data Recipients. Access to Customers’ personal data is only granted to persons and services who are authorized to have knowledge of it within the scope of the processing purposes mentioned above and/or to the extent that such access is required by a legal or regulatory basis, unless you check the express acceptance box to receive offers and information from the Service Provider’s partners.
The Service Provider may share Customers’ personal data with suppliers authorized to perform services on its behalf, which may be located in other countries. Before doing so, the Service Provider would take all necessary measures to ensure that the Customers’ personal data benefit from adequate protection as required by Personal Data Law and its internal policies.
13.3 Retention period. The Service Provider undertakes to keep and archive the Customer’s personal data for a period that does not exceed the period necessary for the purposes for which they are collected and processed plus, if necessary, for the periods of applicable legal or regulatory requirements.
13.4 Rights of the Customer. Pursuant to Personal Data Legislation, the Customer has a right to access, rectify and delete his personal data, a right of portability and the right to be forgotten concerning such data and a right to limit the processing of his data and to object to this processing for legitimate reasons. To exercise these rights, the Customer can contact us at email@example.com, indicating his last name, first name and the subject of his request. We may ask the Customer for additional information in order to identify him and be able to process his request. The Customer also has the right to formulate specific or general directives concerning the storage, erasure and transmission of his data post-mortem.
If he considers that his rights have not been respected, the Customer has the right to lodge a complaint with the National Commission for Computing and Liberties via the following link: www.cnil.fr.
However, we ask the Customer to send us any request beforehand by contacting us at the address indicated above so we can address his request and find an amicable solution.
For any questions or comments regarding this article, the Customer may contact us at firstname.lastname@example.org or contact our Global Data Protection Office at email@example.com.
13.5 Security. The Service Provider undertakes to guarantee the security and confidentiality of personal data communicated and transmitted by the Customer such that they are not distorted or damaged and so that unauthorized third parties can’t access them.
ARTICLE 14 : NOTIFICATIONS AND NEWSLETTER
The Customer may, at any time and free of charge, ask us to ensure he no longer receives advertising or prospecting by contacting us directly at firstname.lastname@example.org or by means of the unsubscribe link included in any prospecting that we might email him. This opposition is without prejudice to the lawfulness of any such communication sent to you before the opposition was implemented. Pursuant to Article L.223-2 of the French Consumer Code, the User is informed of his right to register free of charge on the list of opposition to telephone canvassing (www.bloctel.gouv.fr).
ARTICLE 15 : EVIDENCE
It is expressly agreed that, unless there is a manifest error established by the Customer or the Service Provider, the information stored in the latter’s information system has probative force. The information on computer or electronic media kept by the Service Provider constitutes proof and, if it is produced as a means of proof in any litigation or other procedure, it will be admissible, valid and opposable between the parties in the same way, under the same conditions and with the same probative force as any document drawn up, received or kept in writing.
ARTICLE 16 : COMPLAINTS
In the event of a complaint concerning the class, the Customer may contact the Service Provider by mail, at Ecole Lenôtre – 40 rue Pierre Curie – 78370 Plaisir or by email at service-clients @ lenotre.fr.
In the event of a dispute between the professional and the consumer, the latter will endeavor to find an amicable solution. In the absence of an amicable agreement, the consumer may refer the case free of charge to the applicable consumer mediator for the profession, namely the Association of European Mediators (AME CONSO), within one year of the complaint sent to the professional. Referral to the consumer mediator should be made either:
– by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com, or
– by letter sent to AME CONSO, 11 Place Dauphine – 75001 PARIS.
This provision relating to referral to the Mediator does not apply to Legal Entities.
ARTICLE 17 : APPLICABLE LAW – DISPUTES
This contract is governed by French law. It must be applied and interpreted in accordance with this law. In the absence of an amicable solution, the case will be brought before the courts of competent jurisdiction, it being specified that the time limits for taking legal action are not interrupted during the search period for such an amicable solution. In the event of litigation or a dispute, the French courts will have sole jurisdiction and only French laws shall apply. Disputes arising with our Customers registered in the trade and companies register will be submitted to the Paris commercial court.