Café de l’Homme
17, Place du Trocadéro, 75116 Paris - FRANCE
Telephone : +33 (0)1 44 05 30 15
These General Terms and Conditions for the provision of services govern the relationship between Café de l’Homme, a French Joint Stock Company; share capital: 40,000 euros; registered in Paris, France under no. 478 343 304, and its clients, as part of a system of non-face to face sales of touristic and leisure services. Please read these General Terms and Conditions carefully, for they lay down a number of legal obligations and constitute the basis of the acceptance of the client’s bookings by Café de l’Homme.
Any confirmed order placed with Café de l’Homme implies full and entire acceptance of these General Terms and Conditions for the provision of services.
The users of this web site must ensure that they carefully read and understand these General Terms and Conditions for the provision of services and must consider them as fully and exclusively applicable to their relationship with Café de l’Homme.
By using our web site, you undertake to comply with these General Terms and Conditions for the provision of services, which shall come into force immediately.
If you do not agree to comply with all of these General Terms and Conditions for the provision of services, you must not use this web site nor make any bookings on it.
Café de l’Homme shall be entitled to modify these General Terms and Conditions for the provision of services from time to time by posting updated information online. Please therefore read these General Terms and Conditions for the provision of services regularly in order to be aware of any changes made by Café de l’Homme.
Your continued use of the web site after the updating or modification of these General Terms and Conditions for the provision of services implies an undertaking on your part to comply with the modified or updated terms.
You agree to use this site only for lawful purposes and in a way which does not infringe the rights of any third party, without in any way restricting or preventing the use or enjoyment of the www.cafedelhomme.com web site.
You must use the www.cafedelhomme.com web site solely for personal as opposed to commercial purposes, to make legitimate requests for booking the products or services on offer. You hereby undertake not to use this web site to make speculative, false or fraudulent requests. You hereby undertake not to use bots or any other automated means for accessing this web site, save with the specific permission of Café de l’Homme.
You hereby represent and warrant that:
- You have not been suspended by Café de l’Homme or otherwise prohibited from accessing the web site;
- You are not a direct competitor of Café de l’Homme;
- You do not hold more than one Café de l’Homme account at any given moment in time; and
- you have the requisite capacity to accept these terms & conditions and in so doing you are not violating any other agreement to which you are a party.
To use certain functions of the web site, you must create an account and disclose your personal data. You shall be responsible for all the activities linked to your account. You undertake to immediately inform us about any unauthorised use of your account.
Your account must only be used for your own personal, non-commercial purposes. You do not have the right to use someone else’s identity to register, to create an account for another person, to key in an e-mail address that does not belong to you, nor to create multiple accounts.
Café de l’Homme shall be entitled to rescind your account at any moment in time and on any grounds whatsoever.
Any client who provides his credit or debit card details, particularly over the Internet, implicitly accepts these General Terms and Conditions for the provision of services without reservations. Payment online shall not automatically result in the client being billed by Café de l’Homme. Indeed, the client’s account shall only be debited once the availability of the guaranteed service is confirmed and the corresponding voucher is sent out by e-mail or by post. An invoice may be sent at the client’s request.
A credit card imprint may be requested from the client in order to cover the costs of bookings if need be (i.e. menus, gifts etc.).
Café de l’Homme accepts the following methods of payment: Mastercard, Visa, American Express and JCB.
The handling of payments by credit card shall not give rise to any costs or commissions. Full payment by credit card is required to make a booking. The payment shall appear under the name Café de l’HOMME in the client’s card statement.
There shall be no reimbursement of a service once fulfilment of the order has begun.
Taking the client’s payment
Café de l’Homme guarantees a high level of quality of service to its clients. To that end, Café de l’Homme only cashes the moneys due for services that are available at the time of the confirmation of the order. No fee for an unconfirmed service shall be debited from the client’s card. In the event of a cost overrun, the client’s agreement shall be sought prior to any debiting of his payment card. Payment shall only be taken under those circumstances. The bank-to-bank transfer operation shall take place at the initiative of Café de l’Homme alone.
Confidentiality and secure payment
Café de l’Homme has chosen an established and reputable banking services provider to manage its payment transactions: Ingenico, which shall handle the bank-to-bank transfer and guarantees the confidentiality of the client’s payment information throughout the payment process.
An SSL (Secure Socket Layer) protocol is used to encrypt the payment data. The client therefore benefits from the best possible service and security for his online payments. Café de l’Homme hereby disclaims liability for any data transmission fault, and in particular in case of loss of confidentiality.
Our prices are quoted net including all taxes, and VAT in particular. Payments shall always take place in euros. The costs of conveying the vouchers by post may be passed on to the client if sent by specific means (registered post, chronopost, etc.). In such a case, these costs shall be added to the price of the services chosen by the client if the client insists on a physical delivery (as opposed to delivery by e-mail).
Save where otherwise specified, the prices quoted on the web site are quoted per person. The prices do not include:
- Tips that may be left to the restaurant personnel
- Any element of a personal kind
- And any element not expressly shown in the section “the price includes” on the product pages of the web site.
The prices quoted in euros on the web site shall be merely indicative. The retail prices shall also be indicative. They shall not under any circumstance represent a contractual undertaking on the part of Café de l’Homme and may eventually differ from the sum charged to the client.
For instance, the prices quoted do not take into consideration any promotions that the establishment might be running.
Validity of the prices
The prices quoted on the web site of Café de l’Homme shall be valid at the time when they are published online and shall remain valid in principle throughout the season that is under way.
Café de l’Homme shall however be entitled to modify its prices without notice, such as in case of changes in the exchange rate, service providers’ rates or customs duty.
Café de l’Homme undertakes to only use the data that is gathered within the framework laid down by law. The client can unsubscribe from any mailing list by sending a request for this by post or by e-mail to Café de l’Homme.
The client shall receive a confirmation of his booking by e-mail.
The client must be in a position to present these documents upon any checks and in particular at the time of his consumption of the services, else he may not be entitled to benefit from the services booked.
The Vouchers of Café de l’Homme shall be valid for a period of twelve (12) months as of their original purchase date. Should the value of the services booked be greater than the value of the Voucher, the client may pay the difference in cash or by means of a credit card that is accepted by our establishment.
Café de l’Homme gift vouchers
Café de l’Homme gift vouchers can only be used on the www.cafedelhomme.com web site. Café de l’Homme gift vouchers can be exchanged against any product on offer on the web site.
Café de l’Homme gift vouchers shall be valid for a period of twelve (12) months as of their original purchase date. Should the value of the services booked be greater than the value of the gift voucher, the client may pay the difference by means of a credit card that is accepted on the www.cafedelhomme.com web site. Should the value of the purchases be lower than that of the gift voucher, the full amount of the gift voucher shall nevertheless be deemed to have been used up. Café de l’Homme gift vouchers cannot be exchanged for cash.
Café de l’Homme shall be entitled to cancel any gift vouchers that are obtained fraudulently. Café de l’Homme shall not be liable for loss or theft of gift vouchers.
All sales of gift vouchers shall be final and irrevocable. Gift vouchers shall not be refundable.
Any down-payment made by the client as part of a booking for a large table of 5 (five) or more covers or as part of an order for menus shall be tantamount to a firm commitment on his part. The down-payment shall be treated as a first payment “on account” for the final, total purchase.
The client may not cancel the sale: the down-payment shall not be refundable.
Given that Café de l’Homme offers its products over the Internet, these are on offer to a worldwide client base. The applicable terms and undertakings shall remain valid in most countries. Thus, no claim may be made against Café de l’Homme in case of a delay in the delivery of the vouchers to the client.
Modification or cancellation due to the service provider’s fault
Café de l’Homme endeavours to do everything in its power to ensure the satisfactory provision of its services to its clients, without however being liable for acts of God, force majeure or acts committed by third parties (in case of a strike for instance). However, even under such circumstances, Café de l’Homme shall endeavour to seek solutions to overcome any problem that may arise.
If prior to being provided, the service is modified in a way that affects a key element of the contract, the client may, within 7 days of being notified about this:
- Either cancel his booking (by e-mail only), in which case all the moneys paid by the client shall be refunded immediately;
- Or accept the proposed changes, in which case a modified voucher shall be sent to the client and an e-mail shall be sent to him stating the changes and the reduction or the increase of the price.
The client shall not be entitled to any compensation should the cancellation of the booking be caused by circumstances of force majeure for reasons linked to personal safety. Moreover, Café de l’Homme cannot bear liability for the actions or omissions of its service providers which shall apply their own terms and conditions in their dealings with the client and whose activities are governed by their memorandum and articles of association, their national legislation or international conventions instituting for instance a limitation of liability, and are thus beyond the control of Café de l’Homme. Café de l’Homme may not therefore be held liable for any failing on the part of its service providers which causes a cancellation or a change to a given service for technical reasons.
Café de l’Homme also disclaims liability should the services sold by Café de l’Homme not be provided by the service providers owing to circumstances of force majeure.
Cancellation or modification due to the client’s fault
The client must inform Café de l’Homme by e-mail in case of a cancellation.
The date of the receipt of the e-mail shall be deemed to be the date of the cancellation and shall determine the amount of the cancellation fees due.
In case of a no show, 100% of the amount of the booking shall be billed to the client.
Under no circumstance may these penalties be offset against the purchase of another service. Any booking that is not honoured shall be deemed to have been used by the client and shall not be refunded. Any service that is abandoned, i.e. if the client is not present on the date, time and place that shall have been indicated to him, shall not be refunded under any circumstance. Any change requested by the client shall be accepted subject to availability and subject to a fixed administration fee of 15 euros per person plus any supplement that the changes may lead to. If the client has specific wishes, he should fill in the section of the form entitled “Your comments”. Café de l’Homme does not guarantee that these additional requirements may be met. A booking cannot be cancelled or modified for this reason.
In the case of certain special dates (such as 24 and 31 December, 14 February and 14 July, and any other special date that is mentioned by Café de l’Homme), should the client modify or cancel his booking less than 30 days prior to the date of the service, the entire moneys due shall be payable. Café de l’Homme shall not give any refunds.
Café de l’Homme endeavours to provide the most accurate information possible about the products on offer as well as in its descriptions of neighbourhoods and public places. Please do not hesitate to contact Café de l’Homme should you notice any errors, by writing to: firstname.lastname@example.org
The illustrations as well as the services presented on the web site are merely indicative and may be modified (this applies to the menus in particular). Similarly, the characteristics that are mentioned may be modified. Any such changes cannot under any circumstance form the basis of a claim or discount. The photographs illustrating the products are not contractually binding. Café de l’Homme shall not be liable for any errors that they may incorporate. The drawings, images, texts and descriptions on the web site are and shall remain the property of Café de l’Homme and may not under any circumstance be used by third parties, with the exception of those images that are free of rights and whose authors are cited wherever possible.
The accuracy of the information about all the products and services offered by Café de l’Homme is checked regularly. However, Café de l’Homme does not guarantee that the functionality, the content or the information on the web site shall not be interrupted or free of errors, that the faults if any shall be corrected or that the web site or its servers shall be free of viruses and bugs.
Café de l’Homme endeavours to serve its clients to the best of its abilities. Nevertheless, the services offered by Café de l’Homme are subject to the availability of tables. No compensation may be claimed by a client should the chosen service not be available. Café de l’Homme shall not have any obligation to provide services whose availability it cannot guarantee. Should the services chosen by the client not be available, Café de l’Homme shall endeavour to provide a solution that is as near as possible to the client’s request.
In that case, should the client be dissatisfied with the proposed service, he shall be entitled to obtain a full refund of the initial purchase price with the exception of services booked on special dates, for which Café de l’Homme might not know the rates at the time of putting the information online.
Notwithstanding the foregoing provisions, should Café de l’Homme be informed in advance about a significant change in a booking, product or event, it shall do everything reasonable to warn its clients in order to modify the booking whenever possible.
In order for an order to be taken into consideration by Café de l’Homme, we ask the clients to fill the input forms within which the mandatory fields are clearly marked. No booking may be made and no order may be placed without this information. We therefore recommend that the client use the input forms and the names featuring in our publications. Café de l’Homme shall not be liable should an error occur in a booking due to any inaccuracy on the part of the client. Finally, the data stored on the computer systems of Café de l’Homme shall be considered as valid evidence of the nature of the contract and its date.
Acceptance of the orders
Any order shall only be binding upon Café de l’Homme after its confirmation by us via e-mail. Café de l’Homme may be prevented from honouring its commitments with regard to the processing of an order by circumstances of force majeure. No claims may be brought against it as a result. Café de l’Homme shall be entitled not to proceed with certain orders. In that case, wherever possible, Café de l’Homme shall inform the client by e-mail about its decision not to confirm the order.
In a bid to best serve the interests of its clients, Café de l’Homme endeavours to fulfil their order within two working days following the confirmation of the order. Nevertheless, this timescale is not contractual and may not form the basis of any claim. Should the client not receive the services booked, he may contact the “bookings” department of Café de l’Homme during working hours on working days to receive a copy of his vouchers subject to confirmation of his identity. The delivery timescales stated on the publications of Café de l’Homme or in its confirmation of the order are provided in good faith but without any commitment. Café de l’Homme shall not pay any penalty for delays relative to these timescales. The e-mail with which the voucher is sent shall be authoritative. Should the client not be able to take delivery of the services or the vouchers on the date on which they are made available, the services shall not be refundable (NO SHOW).
Parisian traffic and traffic jams may cause delays, such as during peak hours. In that case, the client shall alone be liable for any consequences and must ensure that he has enough time to get to the restaurant and accomplish the registration formalities on arrival. Under no circumstance will Café de l’Homme be responsible for late arrival of the client relative to the time stated in the booking. No compensation or deferral shall be granted by Café de l’Homme in such cases.
Café de l’Homme shall not under any circumstance be liable for the following losses or damage (whether these losses or this damage were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of income or of anticipated profits; (c) loss of activity; (d) loss of opportunity; (e) loss of intangible assets or damage to one’s reputation; (f) losses incurred by third parties; or (g) any indirect damage, whether foreseeable, special or exemplary, arising from the use of the web site, whatever the form thereof.
By enabling clients to book services, Café de l’Homme hereby disclaims liability for any injuries, damage, losses, accidents, delays or irregularities, debts or outgoings, incurred by persons or property, pursuant to a breach by any supplier, carrier or other company or person in charge of providing the services sold or booked through us.
Moreover, Café de l’Homme and its suppliers shall not be liable for illnesses, theft, labour unrest, breakdowns of machines, government-imposed restrictions, acts of war or terrorism, bad weather conditions, disruptions to the means of transportation, mishaps or accidents, nor for any other cause beyond their control.
Café de l’Homme hereby disclaims liability for any damage, loss or dispute whatsoever arising from the use of this web site. Similarly, Café de l’Homme shall not be liable for any incidents that occur during the clients’ presence on the premises of Café de l’Homme. The same shall apply to any cancellation of a hotel room, thefts, strikes, government-imposed restrictions, which might occur outside the control of Café de l’Homme. Finally, Café de l’Homme shall not be liable for any personal expenditure not mentioned in the contract, for delays or for government decisions of any kind.
Should one of these terms turn out to be illegal, invalid or inapplicable under the laws of any State or country in which these terms are due to apply, then to the extent of the jurisdiction in which this term is illegal, invalid or inapplicable, it shall be struck off from these General Terms and Conditions and the remaining terms shall be maintained, shall continue to apply and shall continue to generate their full effects.
Restrictions on use
The client undertakes not to perform the following actions, nor to aid and abet or incite other people to do so:
- to use the web site to threaten, stalk, defraud, incite against or harass a third party, justify the harassment of a third party, or otherwise interfere with any third party’s use of the web site
- to use the web site to send or publish unsolicited messages, chain letters, competitions, junk mail, pyramid schemes, surveys or other mass-messaging, whether commercial or otherwise
- to use the web site in a way which might create a conflict of interest, for instance by exchanging commercial comments with other companies or by writing or soliciting comments
- to use the web site to promote any form of intolerance or discrimination against specific and protected categories of people
- to use the web site to violate the rights of a third party, including a violation of confidentiality, copyright, registered trademarks, patents, industrial secrets, moral rights, people’s privacy, advertising rights, or any other proprietary or intellectual property right.
- to use the web site to send or publish unlawful or pornographic content.
- to use the web site to obtain personal data about under-age persons, to threaten such persons or to harm them.
- to use a bot, engine, search/scraping application or other automated system, process or means to access, draw off, index or otherwise exploit the web site or its contents
- to attempt to obtain unauthorised access to the web site, to the accounts of users, to computer systems or to networks connected to the site by methods of piracy, password cracking or otherwise; to use the web site or its contents to transmit computer viruses, worms, exploits, Trojan horses or other malicious or destructive elements (hereinafter referred to collectively as “viruses”); to use any system, software or programme that interferes with the proper operation of the web site, or to otherwise attempt to disrupt the operation of the web site; to excessively increase traffic on the web site; to use the web site to breach the security of a computer network, to decrypt passwords or security keys; to weaken or to disrupt the security of the web site or to otherwise damage the web site or its contents; to eliminate, to bypass, to deactivate, to damage or to otherwise disrupt the security functions of the web site or any characteristics deployed to prevent or mitigate the use or the copying of the contents of the web site, or that restrict the use of the web site.
Any claim must be sent to us by registered post within eight days following the client’s receipt of the services, at the following address: Café de l’Homme, 17, Place du Trocadéro, 75016 Paris, France
Copyright and intellectual property
Any copying, reproduction, republication, downloading, uploading, broadcasting, making available to members of the public or other uses of the content of the web site (texts, images, URLs, rates, etc.) for any purposes other than the client’s personal and non-commercial purposes shall be strictly prohibited. Any other use of the content of the web site shall require a written authorisation from Café de l’Homme.
The client or the user of this web site acknowledges that the information, data, programs, photographs, drawings, videos, designs, processes, music, sounds, images, maps, texts and any other content of this web site belong to Café de l’Homme or to its suppliers. The reproduction or storage of these various contents, in any form, by current or future technologies, shall be governed by the French laws that are applicable to such matters and by the U.S. Copyright Act of 1976, Title 17 of the United States Code.
Forum of dispute settlement: Paris, France
This contract shall be governed by French law. Any disputes that may arise between the parties shall be brought before the courts of Paris, France. Our bankers’ drafts and acceptances of payment, as well as all any special terms extended on an ad-hoc basis shall not constitute a derogation from this settlement of disputes clause. Our terms of sale alone shall apply and shall be deemed to be accepted by the client. Any clause to the contrary must be agreed in writing.
These General Terms of Sale are governed by France’s Decree no. 94-490 of 15 June 1994 issued in accordance with article 31 of France’s law no. 92-645 of 13 July 1992, and in particular articles 95 to 103 of this Decree.