Article 1 - Scope and Purpose
The present general conditions of remote sale (hereafter "GCS") govern the contractual relationship between, on the one hand, the MOTHER INDIA restaurant represented by the company :
SARL NA DI- 5 rue Jules GILLY, 06300 NICE – France
Registered at the R.C.S of Nice under the number 493 730 923.
and, on the other hand, each customer (hereinafter the "Customer(s)") placing an order via the Website www.motherindia.fr
The confirmation of any order placed on the website www.motherindia.fr implies the unreserved acceptance of the present General Terms and Conditions of Sale (GTCS) by the Customer, to the exclusion of any other condition, unless MOTHER INDIA has given its prior written consent. The Terms and Conditions of Sale are available for consultation on the Internet site www.motherindia.fr.
MOTHER INDIA reserves the right to adapt or modify the present GTC at any time without prior notice. These modifications are applicable and opposable to the Customer from the moment they are put online on the Internet Site and apply to any order placed after these modifications. The version of the GTC applicable at the time the order is placed is available on the Website www.motherindia.fr.
Article 2 - MOTHER INDIA restaurant and its delivery service
A delivery service is offered to the customer under certain conditions. The customer must contact the restaurant by telephone BEFORE placing the order to find out about the specific conditions (geographical area served, availability of the team, amount of the order, etc.) and the rates in effect. If the delivery is accepted by both parties, the customer agrees to provide clear and precise contact information (address and telephone number).
Article 3 - Order
3.1 Registration and Connection to the Website www.motherindia.fr (for online orders only) :
When ordering online from the homepage of the Website, 3 options can be offered to the Customer:
– Log in to your account In this case, the Customer must enter his e-mail address and his connection password via the "my account" page. In case of loss or forget of the password, the Customer has the possibility to reset it and to choose a new one by clicking on the link "Forgot your password? "link and enter his/her email address. The Customer will then receive an e-mail at the e-mail address provided, if recognized, allowing him to choose a new password.
– Continue without account In this case, the Customer must still provide information (e-mail, last name, first name, telephone number, address) so that the order can be identified and the customer can be contacted in case of an order problem. This information is used by MOTHER INDIA only in the context of the customer's order and does not constitute the creation of a Customer Account.
– Create a customer account : To this end, the Customer fills in the registration field available directly on the "My Account" page of the Website with a valid e-mail address.
xThe Client agrees to keep this information strictly confidential and not to communicate it to third parties, in order to avoid as much as possible any risk of intrusion into his client account. MOTHER INDIA cannot be held responsible for any unauthorized use of the customer's account by a third party who would have had access to the login and the corresponding password, without any fault on the part of MOTHER INDIA, and notably if the login and the password have been communicated to a third party by the Customer or due to his negligence.
3.2 Online order taking process
Several modes of online ordering are offered to the Customer on the Website:
1. The Customer chooses his mode of order Click & Collect "to go" or "to deliver".
For the Click & Collect "take-out" order, the Customer will have to choose the date and time of collection of his order in the restaurant.
For the Click & Collect "to be delivered" order, the Customer, who will have previously contacted the restaurant to find out about the possibility and conditions of delivery, will have defined a delivery time slot directly with the restaurant.
2. Click & Collect order taking The customer is invited to place his order online by choosing his products. He just has to click on "add to cart" under the desired product
: The details of the products, quantity, total amount of the order, etc. are now in "my basket". The customer can modify his order at any time before payment.
3. The validation and payment of the order in Click & Collect : As indicated in article 3.1 Registration to the MOTHER INDIA website, the Customer may be asked to provide information such as name, first name, e-mail address, password, address. The Customer will then be systematically invited to select the time of reception of his order.
The Customer will also receive an e-mail confirming the order at the e-mail address indicated at the time of the order. The order of products is only definitively confirmed and binding on MOTHER INDIA upon receipt of this e-mail by the Customer. The Customer is therefore invited to make sure that he/she has received it and to contact the concerned restaurant by phone or by e-mail via the "Contact" page of the Website.
3.3 Unavailability of products
The products on the menu of the website www.motherindia.fr are available subject to availability at the time of ordering. In the event that a product is out of stock, the words "out of stock" will appear on the product and it will be impossible to order it. If this mention does not appear on the product despite the exhaustion of the stock, the restaurant will warn the Customer via the means of communication informed by the Customer to propose to him either to opt for another product, or to deduct the price of the unavailable product from the amount of the invoice
Article 4 - Delivery and restaurant pickup
4.1. The delivery of the order will take place at the delivery address indicated by the Customer when ordering by phone with the restaurant team. All deliveries will be made within the approximate time frame indicated by phone at the time of ordering. The Customer will accept the delivery of the products according to the agreed time and place of delivery. Once the order is validated by the Customer, it will not be possible for him/her to change the location.
n case of delay in delivery, for various reasons, the restaurant will contact the Customer by the means of communication indicated at the time of the order. MOTHER INDIA will not be obliged to reimburse the customer, but will be able to offer a commercial gesture to the customer.
4.2 If the order is collected from the restaurant, it will be available at the time indicated when the order was placed. In case of delay in the availability of the order, the restaurant will contact the Customer by the means of communication indicated at the time of the order. If the Customer is late in picking up his order in the restaurant, it will be kept for 30 minutes. If the Customer never comes to pick up his order in the restaurant, no refund will be possible.
Article 5 - Right of withdrawal
The right of withdrawal does not apply to perishable products. As the dishes are prepared to order, the Customer has no right of withdrawal and cannot go back on his order (by e-mail or telephone) once it has been launched in production and validated by MOTHER INDIA.
Article 6 - Prices
The applicable prices are those in effect at the time of the order, as displayed on the online ordering page of the selected restaurant on the website www.motherindia.fr. The prices indicated on the general part of the Internet Site www.motherindia.fr, page "Menus", are given as an indication and are likely to vary. The Customer will be informed of the exact prices applied before paying his order. They are expressed in euros and include all taxes. They take into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the prices of the products.
Article 7 - Payment
Orders must be paid in total.
MOTHER INDIA will not be obliged to deliver the products ordered by the Customer if the latter does not pay the total amount of the order.
Article 8 - Guarantees
The restaurant undertakes to deliver products in conformity with the order. The Customer is invited to check his order upon receipt.
In case of error, missing product or non-conformity on a product, the Customer must inform :
- for a delivery order: MOTHER INDIA via a complaint directly in the restaurant or by phone with the number of the restaurant within a reasonable time (up to 2 days after the order date).
- for a Click & Collect order: MOTHER INDIA via a complaint directly in the restaurant or by phone with the number of the restaurant within a reasonable time (up to 2 days after the order date).
Otherwise, no claim will be accepted.
Each complaint will be studied on a case-by-case basis and may result in the replacement of the products, a refund or a commercial gesture
.The legal provisions relating to the guarantee due in the event of hidden defects (article 1641 and following of the Civil Code) and the guarantee of conformity (articles L.211-4 and following of the Consumer Code) apply and are reproduced below:
Article 1641 of the Civil Code
The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
Article L. 211- 4 of the Consumer Code (only for the Customer as a consumer)
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Article L. 211- 5 of the Consumer Code (only for the Customer who is a consumer).
The good is in conformity with the contract:
(1) Whether it is fit for the purpose ordinarily expected of similar property and, if so :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 211- 12 of the Consumer Code (only for the Customer as a consumer):
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article 9 - Liability
MOTHER INDIA cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network, notably a break in service, external intrusion, the presence of computer viruses, fraudulent use of a credit card, etc.
Article 10 - Confidentiality - Personal data - Intellectual property
MOTHER INDIA uses all reasonable means to ensure the confidentiality and security of the data transmitted on the Website: www.motherindia.fr.
The conditions of treatment of the Customer's personal data, entered and recorded at the time of the order are specified in the Legal Notice of the Website.
All elements of the Website, whether visual or audio, including the underlying technology, are protected by intellectual property rights and, by browsing the Website, the Client acknowledges that these rights are the exclusive property of MOTHER INDIA or its suppliers.
Article 11 - After-sales service
MOTHER INDIA restaurants can be reached by phone via the numbers communicated on the "Home / Reservations" page of the Website for any question relating to the execution of the contract.
Article 12 - Applicable Law and Dispute Resolution
The present GTC are governed by French law.
All the litigations to which the present General Conditions of Sale could give place, concerning their validity, their interpretation, their execution, their consequences and their consequences will be subjected to the competent courts under the conditions of common law.
In case of dispute with professional customers, the Commercial Court of Nice will have exclusive jurisdiction.