Terms of use

PRESENTATION

Updated: May 26, 2018

These Terms of Use (hereinafter, the "Terms") apply to the services offered by the company The Art of Living, namely a service, free for the user, online reservation of table of restaurant (hereinafter the "Service" or the "Services").

The use of our Booking Service implies unreserved acceptance of the customers reserving a table in (hereinafter, the "User" or the "Users"), to these Terms, except in special conditions granted in writing by the company L'Art de Vivre.

Failing to accept the Terms in their entirety, Users are required to refrain from accessing and using the Service.

Any other document than these Terms, including catalogs, flyers, advertisements, notices, etc. only informative and indicative and does not constitute a contractual commitment.

These Terms of Use apply as long as they appear on the www.restaurant-art-de-vivre.com / reservations.zenchef.com platform. Since these Terms will no longer be accessible on this platform, they will no longer be enforceable against the company L'Art de Vivre.

These Terms and Conditions may be revised at any time. As such, a revised version with the date of update will be posted on the platform www.restaurant-art-de-vivre.com / reservations.zenchef.com (hereinafter, the "Site"). Users will be bound by this revised version, if they continue to use the Services after the revision date of the TOU.

1. SERVICE PROVIDER

The company L'Art de Vivre, with a capital of €, registered with the RCS under the number, having its registered office at. VAT number :

2. SERVICE

1. The Art of Living offers an online booking service.

2. The use of the booking module on the restaurant site in accordance with these General Conditions is free for the User.

3. The User acknowledges being informed that the company L'Art de Vivre has the right to require at the time of booking a deposit by pre-authorization bank and that it reserves the possibility to keep it in case of reservation not honored by the User or late cancellation by the User, ie less than 3 (three) hours before the scheduled time of booking.

3. CONDITIONS OF USE OF THE SERVICE

To use the Service, the User must have the ability to contract, that is to say, at least, be over 18 years. To use the Service, the User connects via his Internet browser on the booking module available on the Site. It is registered by entering the obligatory information indicated on the form namely: civil status, name, surname, email address, mobile phone

The Service can not be used without the User having made this prior registration.

2. The User accepts these Terms of Use as soon as he proceeds to his registration.

3. It is the User's responsibility to ensure the validity of his email address and telephone number.

4. Notifications that the Site Platform sends by email will be deemed to have been delivered and received on the date of transmission of the email.

5. The notifications that the platform of the Site sends by SMS will be deemed to have been delivered and received on the date of transmission of the SMS.

6. The User agrees to receive communications by e-mail from the company The Art of Living and relating to the reservation, such as confirmation information, cancellation, or request for advice.

7. The User agrees to receive SMS communications from the restaurant concerning the booking, such as confirmation, cancellation or request for advice.

4. OBLIGATIONS OF THE USER

1. By entering his information, the User agrees, expressly and without reservation, the terms of these terms and conditions and any special conditions present on the Site.

2. The User undertakes to transmit accurate and genuine information including his marital status, name, first name, email address, telephone, necessary for proper identification.

3. The User agrees not to:

- use the Service in a way that could harm the company L'Art de Vivre or its partners;

- use part of the Service as a tool that could mislead the company L'Art de Vivre or unwanted commercial messages;

- use an automated process or service to access and / or use the Service

- damage, disable, overburden or damage the Service, or interfere with its use and enjoyment by anyone.

5. PERSONAL DATA

The company L'Art de Vivre, and in strict compliance with the law and regulations in force, wishes to collect certain information. This information is collected in accordance with the provisions on the protection of personal data and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data. personal character and the free movement of such data.

The Site and / or its partners may store information on the User's computer. This information will take the form of "Cookie" or similar file.

"Cookies" are small pieces of information sent to the User's device and stored on his hard drive to allow Web sites to recognize the User when he consults them.

When the User consults the Site, the company The Art of Living, subject to the consent of the User, may use cookies, pixel tags and other technologies to collect the following data:

• IP address, connection information, browser type, location, time zone, operating system, and other technical information

• Visit information, including websites viewed before and after the Site and the products viewed,

• Duration of visits to the pages on the Site and information on the User's interactions with the pages.

The User acknowledges and agrees that the company L'Art de Vivre, with its agreement, reserves the right to implement a "Cookie" in his computer to record any information relating to the navigation of his computer on the Site.

The User is informed by the present GTC that the personal data collected within the framework of the Service, with his consent, are used only within the framework of this Service and are intended exclusively for the company L'Art de Vivre, take the necessary precautions to preserve data security as much as possible. By registering, the User consents to the processing of his personal data.

It is specified that the personal data of the User will not be able to be transferred in a country located outside the European Economic Area.

In addition, the User will be invited at the moment of the creation of his account to give or not his consent to the company The Art of Living as regards the use and / or the transfer of this information in the framework of partnerships and this, in accordance with the law, especially for the purpose of providing the user with information and personalized services.

In accordance with the applicable data protection regulations, the User has the rights of access, right of rectification, right of cancellation, right of restricted treatment, right to obtain a copy of his personal data for his own purposes. or to provide them to another data provider of their choice and the right to oppose the processing of their personal data when processed for direct marketing purposes.

The User may also withdraw his consent at any time if the treatment is based on his consent.

All these rights apply to the extent permitted by the applicable data protection regulations.

To exercise these rights, it is sufficient for the User to make a request by mail to the sub-contractor of the company L'Art de Vivre, ZENCHEF- Privacy 120-122 rue Réaumur 75002 Paris, or to the address e-mail: privacy@zenchef.com.

The User may also exercise his right to file a complaint with the national data protection authority by sending his request to the CNIL to the following address:

National Commission of Computing and Freedoms

Complaints Service

3 Place Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07

An online claim form is available by clicking on the following link: https://www.cnil.fr/fr/plaintes

6. MODIFICATION OF THE SERVICE

1. The company L'Art de Vivre reserves the right to modify or suspend the Service or some of its functionalities without notification of repair, maintenance, improvement or any other technical reason and for any reason without notice and without any obligation. to have to justify his act.

2. Once the service is suspended, the service can no longer be used by the User. The User will always have the right to access and rectify this data, which can be exercised by sending a message to the following email address: privacy@zenchef.com. ,

7. LIMITATIONS OF LIABILITY

1. L'Art de Vivre provides the Service "as is", "with all its imperfections" and "as available". L'Art de Vivre does not guarantee the accuracy or timeliness of the information provided by the Service. The company L'Art de Vivre does not grant any express guarantee.

2. The company L'Art de Vivre does not in any way guarantee the products, services and / or commercial practices of third parties present on its site.

3. In view of the specificities of the Internet, the company L'Art de Vivre does not guarantee that its Services are uninterrupted, free from any error or achieve specific results, the company L'Art de Vivre not being held to this only an obligation of means.

4. The responsibility of the company L'Art de Vivre can not be held liable for damages related to the temporary impossibility to access any of the Services offered by the Site.

5. All information contained on the Site may be modified at any time, given the interactivity of the Site, without this may engage the responsibility of the company L'Art de Vivre.

6. In general, the User accepts and acknowledges that the reservation is not guaranteed. In this sense, the company L'Art de Vivre does not guarantee the effectiveness of the Service. The User acknowledges and accepts that the responsibility of the company The Art of Living is in no way sought in case of cancellation of reservation, if the establishment of the Third Estate Restorer was closed, and for whatever reason, or in case of refusal of service, whatever the cause.

7.The User undertakes to exonerate the company L'Art de Vivre in all cases of liability, damage, loss or expense for any damage or loss to property or to third parties originating from any way in the use of the Service.

8. The User can not claim any compensation for any damage he has suffered including special, indirect, incidental damages, including loss of data, financial or commercial loss, loss of profits. This limitation of liability also applies if the company L'Art de Vivre had or should have known of the possibility of such damages.

8. BREACH OF TERMS

In the event of non-performance or non-compliance by the User of one of the obligations and stipulations provided for in these Terms, the company L'Art de Vivre may modify, suspend, limit or cancel access to the Service, without that he can not claim any compensation whatsoever. The company L'Art de Vivre will be entitled to claim compensation to compensate for the damage suffered.

9. OTHER

1. All the provisions of these Terms apply to the fullest extent permitted by law.

2. If any part of these TOS is declared invalid or not applicable for any reason, the rest will remain fully effective. In this case, the company L'Art de Vivre undertakes to make every effort to replace the provision void or contrary to a mandatory provision or public order by a valid equivalent provision which, given the economic limits, legal and commercial, achieves the same objectives as the one declared null or contrary to imperative or public order.

3. The company L'Art de Vivre reserves the right to transfer all or part of the Service, at any time, with or without notice

4. These Terms and Conditions are personal to the User and the User may not transfer or assign the rights and / or duties resulting from the use of the Service to anyone without the prior written consent of the company L'Art de Vivre.

10. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These Terms are subject to French law and any dispute that could not find a transactional outcome will be submitted only before the French courts.