These General Terms and Conditions of Sale (hereinafter the “GTC”) apply to any order (hereinafter the “Order”) of one or more products (hereinafter the “Product(s)”) placed by the purchaser (hereinafter the “Customer”) on the commercial site wwww. yellow-kitchens.com (hereinafter the “Site”), or on the Yellow Kitchens mobile application (hereinafter the “Application”), at one of the Restaurants under the Yellow Kitchens brand, independent franchisee or subsidiary of the YELLOW KITCHENS GROUP (hereinafter the “Seller”, the “Restaurant”).
Online ordering on the Site is reserved for Customers who are at least 18 years of age on the date the order is placed.
The Seller reserves the right to modify the Terms and Conditions of Sale at any time. In all cases, the applicable Terms and Conditions of Sale shall be those appearing on the Site or on the Application on the date of the Customer’s Order;
In the present General Terms and Conditions of Sale, the following words or expressions will have the following meanings:
– The terms “Seller” and “Restaurant” designate the operating company of the Restaurant under the Yellow Kitchens name selected by the Customer and with whom the order will be registered and whose coordinates will be indicated on the email confirming the order and on the sales receipt issued in the participating Restaurant at the time of the collection or delivery of the Products.
– The term “Order” refers to the service, made available by the Publisher, and the entire online ordering process for Products available in the participating Restaurants. The Customer pays for his order online, upon delivery or upon withdrawal of the Products
- Acceptance of the GTC
The Customer declares having read and accepted these GTC before placing the Order. Any Order for a Product on the Site or on the Application shall constitute express acceptance by the Customer of these GTC.
- The Products
The products offered by the Restaurant chosen by the Customer are those that appear in the catalog published on the Site or the Application on the day of the Order, within the limits of available stocks. It is recommended to consume the products quickly as soon as they are picked up in the Restaurant and never to freeze them.
The products presented for sale are subject to modification or deletion by the Seller without prior notice. Photographs and illustrations presented online are not contractual.
- Creating an account
To order, the Customer must create an account that will allow him to access his Order history.
When registering, the Customer chooses an identifier and a password to which he associates his surname/first names, date of birth, a precise address (building number, floor number, digicode) and an operational telephone number in order to enable the delivery man of the YELLOW KITCHENS restaurant in his geographical area to deliver the order in the best conditions and within the shortest possible time.
It is the Customer’s responsibility to keep his login and password strictly confidential and not to communicate them to third parties, in order to avoid as far as possible any risk of intrusion of his Customer account and the placing of Orders without his knowledge by unauthorized persons. The Seller shall not be held liable for any use of the Customer’s account by a third party who would have had access to his identifier and password in any way whatsoever.
- Placing Orders
- Go to the Site yellow-kitchens.com, or to the Yellow Kitchens Mobile Application,
- Create an account or connect to your account with your login and password,
- Select the information related to the order (date, time, address, delivery or takeaway), so that you can automatically select the restaurant concerned,
- Place your Order by selecting the Products,
- Validate your Order after having checked the summary of your Order,
- Accept the General Terms and Conditions of Sale,
- To carry out possibly on line the payment of his Order,
- The final validation of the Order entails the acceptance by the Customer of these GCS, the acknowledgement of having perfect knowledge of them and the renunciation of its own terms of purchase or any other conditions.
If the Customer decides to choose the service for withdrawing his/her order, it is the Customer’s responsibility to check the Restaurant’s closing hours on the page of the Restaurant he/she has selected in order to carry out the said withdrawal during the opening hours of the selected restaurant.
- Proof of Command
The final validation of the Order shall constitute proof of the completeness of the said Order and shall be deemed to be due and payable for the sums committed by the Order.
The Seller’s computerized records, kept in the computer systems of the Seller or its back-office service provider under reasonable security conditions, shall be considered by the Seller and the Customer as proof of communications, orders, payments and transactions between the parties
- Cancellation and modification of an Order
According to the provisions of article L121-20-2 3° of the Consumer Code, the right of withdrawal applicable to distance selling cannot be exercised in the case of the supply of goods which, due to their nature, are likely to deteriorate or expire rapidly.
In application of this text, it is expressly stated that any Order on the Site is firm and final and that the exercise of the right of withdrawal is excluded
Orders which have therefore been definitively validated cannot be cancelled.
No merchandise can be taken back or exchanged.
- Withdrawal or delivery of Products
7.1 The withdrawal of Products in the Restaurant can only be done from the opening time of the selected Restaurant and before the closing time of the Restaurant selected by the selected Restaurant or the closing time of the withdrawal service set by the selected Restaurant.
The hours of the online ordering service, as well as the opening hours of the Restaurant where the Customer wishes to pick up his/her Order, are available on the Site at the time the Customer selects said Restaurant.
The Customer may only withdraw his Products by providing his Order number appearing on the Order confirmation, which may take the form of a confirmation email or text message.
7.2 Once the order has been validated, delivery shall take place within a period of generally thirty to ninety minutes, subject to variations due to a large number of orders and subject to a case of force majeure as defined by case law. Any delay is therefore mentioned as an indication and is not contractual.
Any question or complaint concerning the Products picked up in Restaurants or delivered must be made within a maximum period of twenty-four (24) hours after the pick-up or delivery of said Products, to the Seller, by mail, to the address shown on the sales receipt, on the confirmation email sent with any Order, or on the website www.yellow-kitchens.com, Contact section. After this period, no question or complaint may be taken into account.
The prices shown on the online Order pages of the Site are inclusive of all taxes (all taxes included) in euros, taking into account the VAT applicable on the day of the Order.
The Seller reserves the right to modify its prices at any time, it being understood, however, that the price shown in the catalog on the day of the Order shall be the only applicable price.
A processing fee may be charged for any online order placed on the website www.yellow-kitchens.com or on the Mobile Application. These additional fees are indicated in the order summary under the heading “processing fees”.
- Order payment terms
Orders made on the Site or on the Mobile Application are payable using the payment methods offered by the selected restaurant (credit cards / cash / restaurant tickets) excluding payment by cheque.
Payments by credit card are made through a reliable and secure payment system that guarantees the preservation of the confidentiality of credit card numbers through protection and cryptology procedures.
The Publisher is committed to ensuring optimal access to the online order taking service. However, the Publisher shall not be required to ensure the operation of the website www.yellow-kitchens.com or the Mobile Application, or the order-taking service in case of force majeure as defined by jurisprudence.
The Publisher furthermore declines all responsibility in the event of interruption of the Internet site or the Mobile Application, the occurrence of bugs or operating errors, as well as in the event of direct or indirect damage, whatever the cause, origin, nature or consequences, caused by the access of anyone to the Internet site www.yellow-kitchens.com, or the Mobile Application, as well as in the event of direct or indirect damage, whatever the cause, origin, nature or consequences, caused by the access of anyone to the Internet site www.yellow-kitchens.com or of the impossibility to access it, including the risks inherent to the use of the Internet network such as loss of data, intrusion, virus, rupture of the service or any other assimilated risk.
The information on the website www.yellow-kitchens.com or on the Mobile Application is provided for information purposes only, subject to errors or omissions.
The responsibility of the Publisher or the Seller shall not be engaged if the non-execution or poor execution of an order is attributable to the customer or to technical constraints beyond the control of the Publisher or the Seller. The Editor and the Salesman could not in particular be held for persons in charge, of the damage of any nature as well material as immaterial which could result from a bad use of the identifier or the operating mode of placing an order, of the delay, the loss or the bad distribution of an email, an sms, in particular of confirmation of order, nor of its sending or not to an email address or a wrong telephone number.
The Customer is informed that the Publisher can rely on the skills of an external service provider to manage its entire back office and the secure payment of online orders. The Customer commits himself never to seek the responsibility of the Editor and to act directly with this service provider in case of dispute arising in particular at the time of the use of the secure payment module. The Publisher will make all its best efforts to ensure that the email address to contact the service provider is available and easily accessible.
- Personal data protection
The personal data collected on the Site are necessary to process the order and may be communicated to the Publisher’s partners upon the Customer’s express acceptance.
In accordance with the General Regulations for the Protection of Personal Data (RGPD), the Customer has the right to access, modify, rectify and delete personal data concerning him/her. The Customer may oppose the communication of his/her data to third parties. The exercise of these rights is to be carried out with : Groupe Yellow Kitchens, with a proof of identity (photocopy of an identity document).
All the information collected via the Website or the Mobile Application is intended for the management of orders, the management of the customer account, the follow-up of the customer relationship, to satisfy the legal or regulatory obligations and to allow the sending of commercial offers and information on Yellow Kitchens products by email, sms, or postal mail. This information is exploited by the Marketing Department of YELLOW KITCHENS, and the Customer Service of YELLOW KITCHENS, via the person in charge of the Marketing Department. The personal data are not intended to be transmitted outside the European Union. The personal data are kept for a period of 3 years from the last contact.
The Customer may at any time request to no longer receive offers by e-mail or sms, by unsubscribing when an e-mail or sms is sent to him by activating the link at the end of the message. For any request relating to access, modification or deletion of its data, please contact : GROUPE YELLOW KITCHENS – RGPD, 50 rue de miromesnil 75008 PARIS or by e-mail to email@example.com. The YELLOW KITCHENS Marketing Department is responsible for the processing of personal data concerning him/her.
In accordance with the provisions of article L3342-1 of the Public Health Code modified by law n°2009-879 of July 21, 2009, the sale of alcohol to minors under eighteen (18) years of age is prohibited. Consequently, the purchase of any alcohol-based product at the time of the Order, is formally prohibited to minors under eighteen (18) years of age. On this occasion, the Customer may be asked to provide proof of identity when picking up the Order in a Restaurant or when delivering the Order.
The nullity of one of the clauses of the present contract in application of a law, a regulation or following a court decision will not lead to the nullity of the present GCS.
- Dispute resolution
These GTC are subject to French law and jurisdiction is attributed to the competent courts of Paris.
In the event of a dispute, the Customer shall first contact the Vendor and the customer service department in order to find an amicable solution by sending a registered letter with acknowledgement of receipt AND a copy of this letter to the customer service department: firstname.lastname@example.org