Version of September 30, 2022
1. Scope and purpose
These general conditions of distance sale (hereinafter the "GTC") govern the online sales terms between the company which operates the restaurant in which the order is placed whose designation is in the order confirmation email or on the cash receipt given to the Customer (the "restaurant") and each customer (hereinafter the "Customer") placed an order via the website or the mobile application of the restaurant (hereinafter ").
Easy Sushi sells culinary specialties of Japanese inspiration revisited in French and/or Mediterranean fashion accompanied by drinks and desserts and any other support appearing on the restaurant card (hereinafter the "products") delivered at home or which can be removed in the restaurant.
According to the restaurant selected by the Customer, the contract will be concluded (i) either with a subsidiary owned by the company editor of the website www.easysushi.fr [ legal notices ] and operated under the brand and the brand EASY SUSHI , (ii) or with an Easy Sushi franchisee EASY SUSHI EASY SUSHI being understood that all of the franchise restaurants are exploited by independent merchants belonging to EASY SUSHI .
The GTC are accessible at any time on the site and will prevail, if necessary, on any other version or any other contradictory document.
The Customer declares that they have read the GTC and have accepted them by checking the box provided for this purpose before the validation of each online order. Consequently, placing an order implies the full and unreserved membership of the CUSTH at the CGV.
The GTC which can be subject to subsequent modifications, the version applicable to the purchase of the Customer is that published on the Site on the date of validation of the order. The customer acknowledges having the capacity required to contract and acquire the products offered on the site.
Easy Sushi sells culinary specialties of Japanese inspiration revisited in French and/or Mediterranean fashion accompanied by drinks and desserts and any other support appearing on the restaurant card (hereinafter the "products") delivered at home or which can be removed in the restaurant.
According to the restaurant selected by the Customer, the contract will be concluded (i) either with a subsidiary owned by the company editor of the website www.easysushi.fr [ legal notices ] and operated under the brand and the brand EASY SUSHI , (ii) or with an Easy Sushi franchisee EASY SUSHI EASY SUSHI being understood that all of the franchise restaurants are exploited by independent merchants belonging to EASY SUSHI .
The GTC are accessible at any time on the site and will prevail, if necessary, on any other version or any other contradictory document.
The Customer declares that they have read the GTC and have accepted them by checking the box provided for this purpose before the validation of each online order. Consequently, placing an order implies the full and unreserved membership of the CUSTH at the CGV.
The GTC which can be subject to subsequent modifications, the version applicable to the purchase of the Customer is that published on the Site on the date of validation of the order. The customer acknowledges having the capacity required to contract and acquire the products offered on the site.
2. Products
The main characteristics and the composition of the products offered for sale by Easy Sushi are presented on the site. Easy Sushi will strive to provide precise information on the products within the limits of the technical and ergonomics of the site.
The customer is solely responsible for selecting and purchasing a product.
If the products are not consumed immediately it will be up to the customer to keep them in the refrigerator at a temperature below 6 ° C. Easy Sushi recommends consuming the products within 24 hours from their delivery or withdrawal in restaurants and never freezes them.
The customer is solely responsible for selecting and purchasing a product.
If the products are not consumed immediately it will be up to the customer to keep them in the refrigerator at a temperature below 6 ° C. Easy Sushi recommends consuming the products within 24 hours from their delivery or withdrawal in restaurants and never freezes them.
3. Order
3.1 Placing the Order
The Site allows Customers to enter and validate Product Orders with two possible delivery methods:
To place an order for Product(s), the Customer must:
Once the selection of Products has been made, the Customer can then:
The Customer can then proceed to register their order:
Payment for the Products by the Customer is made at the counter in the event of collection of the Products from the Restaurant (click and collect) or to the delivery person in the event of home delivery.
Easy Sushi reserves the right to refuse the order of a customer with whom there is a dispute relating to the payment of a previous order.
The Customer is informed of the confirmation of his order by the restaurant by receiving a confirmation email of his order. This message constitutes proof of the sales contract between the customer and Easy Sushi. This E -Mail confirms that the customer's order has been taken into account by and not that the ordered product is available.
Once the order is confirmed, Easy Sushi undertakes to honor the orders received on the site within the limits of available stocks. In the event of unavailability of one or more products, Easy Sushi will notify the customer by phone to offer him to opt for another product or to deduct from the amount of the invoice the price of the unavailable product. With the customer's agreement, this reduction may also take the form of a credit to be worth on an upcoming order.
- Home delivery
- Collection in Restaurant (Click and Collect)
To place an order for Product(s), the Customer must:
- Access the Site;
- Click on the “Order online” tab
- Choose the delivery method “Delivered to your home” or “Click & Collect”. The “Click & Collect” option allows the Customer to collect their Products from the Restaurant themselves.
- If home delivery has been chosen, the Customer must provide their precise address;
- Choose the delivery/collection time for your order;
- Add one or more Products to the basket;
Once the selection of Products has been made, the Customer can then:
- Access the basket;
- Change the delivery date;
- Change the delivery or collection time;
- Modify the desired quantity of Products;
- Add different complementary Products to your order.
The Customer can then proceed to register their order:
- Check a box informing Easy Sushi that the customer was already part of his customer file;
- If applicable, provide your first and last name;
- Provide your contact details (telephone number and email address) and, if the home delivery method has been chosen, your postal details (street number and name, postal code and city);
- Enter, if applicable, a promotional code and validate your coupon;
- Add additional observations if necessary;
- Read the General Terms and Conditions and accept them before validating the order;
- The Customer must check the details of his order, its total price and immediately report or correct any errors before confirming acceptance.
- Click on the “Confirm my order” button to save the order.
Payment for the Products by the Customer is made at the counter in the event of collection of the Products from the Restaurant (click and collect) or to the delivery person in the event of home delivery.
Easy Sushi reserves the right to refuse the order of a customer with whom there is a dispute relating to the payment of a previous order.
The Customer is informed of the confirmation of his order by the restaurant by receiving a confirmation email of his order. This message constitutes proof of the sales contract between the customer and Easy Sushi. This E -Mail confirms that the customer's order has been taken into account by and not that the ordered product is available.
Once the order is confirmed, Easy Sushi undertakes to honor the orders received on the site within the limits of available stocks. In the event of unavailability of one or more products, Easy Sushi will notify the customer by phone to offer him to opt for another product or to deduct from the amount of the invoice the price of the unavailable product. With the customer's agreement, this reduction may also take the form of a credit to be worth on an upcoming order.
3.2 Modification or cancellation of an order
Until the validation of the order by the Customer, this can be modified or canceled directly on the site by the Customer.
Once the order has been validated by the Customer, any cancellation request, modification as well as any complaint relating to the ordering must be sent to the restaurant at the email address indicated in the order confirmation email.
Easy Sushi reserves the right to cancel any order which would appear to be fictitious, including after it has been confirmed.
Once the order has been validated by the Customer, any cancellation request, modification as well as any complaint relating to the ordering must be sent to the restaurant at the email address indicated in the order confirmation email.
Easy Sushi reserves the right to cancel any order which would appear to be fictitious, including after it has been confirmed.
3.3 Evidence
Any order placed, validated by the Customer and confirmed by Easy Sushi , under the conditions and according to the above terms described, constitutes the formation of a contract concluded at a distance between the customer and Easy Sushi .
Unless proven otherwise, the data recorded in the Easy Sushi constitutes proof of all the transactions concluded with the customer.
The Customer agrees to recognize a probative force for messages (emails, SMS, notifications etc.) transmitted in any form whatsoever by Easy Sushi , as well as to all electronic recordings kept by Easy Sushi in the context of the order.
Unless proven otherwise, the data recorded in the Easy Sushi constitutes proof of all the transactions concluded with the customer.
The Customer agrees to recognize a probative force for messages (emails, SMS, notifications etc.) transmitted in any form whatsoever by Easy Sushi , as well as to all electronic recordings kept by Easy Sushi in the context of the order.
3.4 Minors
Under the provisions of article L.3342-1 of the public health code, the sale of any alcohol-based product on the site is strictly prohibited for minors under the age of eighteen (18). The Easy Sushi teams (deliverers or teams in restaurants) are likely to ask the customer an identity document when providing products.
4. No right of withdrawal
The right of retraction as provided for in article L.221-18 of the Consumer Code is not applicable to the sale of products which are fresh and perishable products. The Customer is therefore informed that any order validated on the site and confirmed by Easy Sushi is firm and final and that the exercise of the right of withdrawal is excluded.
5. Price
The Products are made available to the Customer according to the price in effect on the date of validation of the order, as it appears on the Site. The prices of the Products are indicated in euros, all taxes included. They take into account the VAT in force for France on the day the order is validated. Any change in the legal VAT rate will be automatically reflected in the price of the Products presented on the Site, on the date stipulated by the implementing decree.
In the event of home delivery, delivery costs will be charged in addition to the rate in effect on the date of validation of the order. The total amount of delivery costs will be calculated and transmitted to the Customer before validation of the order. Delivery costs will be paid in full by the Customer upon delivery of the Products. No delivery costs will be applied in the event of collection of Products from a Restaurant.
The total amount of the order, expressed excluding tax and all taxes included, takes into account any price reductions that may be applied by the Restaurant in the event of promotional offers. As promotional offers are valid for a limited time, if the price reduction was not applied when calculating the order amount, this means that the promotional offer has expired. Any order placed before the promotional offer is withdrawn or modified will be honored under the conditions in effect on the date of the order.
The prices displayed on the Site may vary from one Restaurant to another. The Customer will be informed of the exact prices to be paid before paying for their Order. Each Restaurant may modify the price of the Products at any time.
In the event of home delivery, delivery costs will be charged in addition to the rate in effect on the date of validation of the order. The total amount of delivery costs will be calculated and transmitted to the Customer before validation of the order. Delivery costs will be paid in full by the Customer upon delivery of the Products. No delivery costs will be applied in the event of collection of Products from a Restaurant.
The total amount of the order, expressed excluding tax and all taxes included, takes into account any price reductions that may be applied by the Restaurant in the event of promotional offers. As promotional offers are valid for a limited time, if the price reduction was not applied when calculating the order amount, this means that the promotional offer has expired. Any order placed before the promotional offer is withdrawn or modified will be honored under the conditions in effect on the date of the order.
The prices displayed on the Site may vary from one Restaurant to another. The Customer will be informed of the exact prices to be paid before paying for their Order. Each Restaurant may modify the price of the Products at any time.
6. Payment
The Customer makes full payment for his order according to the price indicated in the confirmation of his order when the Products are made available, at the counter in the event of collection from a Restaurant or in the hands of the delivery person in the case of home delivery according to the following payment methods:
- By credit card: Visa, Mastercard;
- Species ;
- Restaurant vouchers and holiday vouchers.
7. Provision of Products
7.1 Indicative deadline
Easy Sushi will make its best efforts to make the products available to the Customer within a period as short as possible from the indicative delivery schedule announced in the order confirmation email. However, its responsibility will not be engaged in the event of delivery delay less than three (3) hours.
However, if the products ordered are not delivered within three (3) hours after the indicative schedule of delivery, for any other cause than force majeure or the fact of the customer, the order may be canceled at the customer's request.
However, if the products ordered are not delivered within three (3) hours after the indicative schedule of delivery, for any other cause than force majeure or the fact of the customer, the order may be canceled at the customer's request.
7.2 Home delivery
The delivery of the order will take place at the delivery address indicated by the Customer when registering the order on the site.
Delivery is made up of the provision of products to the customer at the main entrance to the delivery address indicated in the order. Easy Sushi is not responsible for errors in entering the delivery address that is the responsibility of the customer. Delivery can only take place after handing over the price of the Products by the Customer according to the means of payment accepted above.
Delivery is made up of the provision of products to the customer at the main entrance to the delivery address indicated in the order. Easy Sushi is not responsible for errors in entering the delivery address that is the responsibility of the customer. Delivery can only take place after handing over the price of the Products by the Customer according to the means of payment accepted above.
7.3 Collection of Products (“Click & Collect”)
The collection of the Products will take place in the Restaurant as its address appears on the order confirmation email received by the Customer and at the indicative time mentioned therein. The withdrawal of the Products carried out by the provision of the Products can only take place after payment of the price of the Products by the Customer according to the means of payment accepted above.
8. Receipt of Products and Complaints
In the event of a missing product, the customer must inform Easy Sushi when the products are made available, failing that no complaint will be accepted.
In the event of a non-conforming product within the meaning of articles 217-4 and following of the Consumer Code (see article 10.2 Guarantees), the Customer must inform Easy Sushi at the latest within 24 hours from the provision of products and may request the replacement of the products or the refund of their price.
Any complaint of another nature than those above all will have to intervene within a maximum period of forty-eight (48) hours from the provision of products and be sent in writing to the restaurant, whose contact details appear in the confirmation of the order of products. After this period, no complaint can be taken into account.
In the event of a non-conforming product within the meaning of articles 217-4 and following of the Consumer Code (see article 10.2 Guarantees), the Customer must inform Easy Sushi at the latest within 24 hours from the provision of products and may request the replacement of the products or the refund of their price.
Any complaint of another nature than those above all will have to intervene within a maximum period of forty-eight (48) hours from the provision of products and be sent in writing to the restaurant, whose contact details appear in the confirmation of the order of products. After this period, no complaint can be taken into account.
9. Transfer of ownership and risks
The transfer of ownership will take place after full payment of the price of the Products (delivery costs included).
The transfer of risks will occur when the Products are made available to the Customer.
The transfer of risks will occur when the Products are made available to the Customer.
10. Liability and guarantees
10.1 Information
Easy Sushi strives to ensure the best of its possibilities the accuracy and updating of the information disseminated on the site, which it reserves the right to modify, at any time and without notice. Easy Sushi declines any responsibility relating to damage resulting from a fraudulent intrusion of a third party which led to a modification of the information contained on the site.
The hypertext links set up on the site to other resources present on the Internet network cannot engage the responsibility of Easy Sushi . Indeed, Easy Sushi has no means of controlling sites in connection with its site, which the customer is expressly informed under CGV. Consequently, the risks linked to this use fully fall to the customer, who must comply with the conditions of use specific to each website.
The hypertext links set up on the site to other resources present on the Internet network cannot engage the responsibility of Easy Sushi . Indeed, Easy Sushi has no means of controlling sites in connection with its site, which the customer is expressly informed under CGV. Consequently, the risks linked to this use fully fall to the customer, who must comply with the conditions of use specific to each website.
10.2 Guarantees
Easy Sushi undertakes that the products delivered comply with the registered order.
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. 217-3 and following of the Consumer Code) apply and are reproduced below:
article 1641 of the Civil Code
"The seller is bound by the guarantee of the hidden defects of the sold thing which makes it improper to the use which decrease this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them. »
Article 1648 paragraph 1 of the Civil Code
« The action resulting from the crumbling defects must be brought by the buyer within two years from the discovery of the vice. »
Article L217-3 of the Consumer Code
» The seller issues a good in accordance with the contract as well as to the criteria set out in article L. 217-5. It responds to existing compliance defects at the time of the delivery of the property within the meaning of article L. 216-1, which appear within two years from it. (…)
This warranty period applies without prejudice to articles 2224 and following of the Civil Code. The starting point for the prescription of consumer's action is the day of knowledge by the latter of the lack of conformity. »
Article L. 217- 4 of the Consumer Code (only for the customer having the quality of consumer)
« The property is in accordance with the contract if it meets in particular, if necessary, to the following criteria:
1 ° It corresponds to the description, the type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristics provided for in the contract;
2 ° It is specific to any special use sought by the consumer, brought to the attention of the seller at the latest at the time of the conclusion of the contract and which the latter accepted;
3 ° It is issued with all the accessories and installation instructions, which must be provided in accordance with the contract;
4 ° It is updated in accordance with the contract. »
Article L. 217- 5 of the Consumer Code (only for the customer having the quality of consumer)
» - - In addition to the criteria of compliance with the contract, the property is in accordance with the following criteria:
1 ° It is specific to the usually expected use of a same type, taking into account, if applicable, any provision of European Union law and national law as well as all technical norms or, in the absence of technical standards, specific applicable to the sector concerned;
2 ° If necessary, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3 ° If necessary, the digital elements it includes are provided according to the most recent version which is available at the time of the conclusion of the contract, unless the parties agree otherwise;
4 ° If necessary, it is issued with all accessories, including packaging, and installation instructions that the consumer can legitimately wait;
5 ° If necessary, it is provided with the updates that the consumer can legitimately wait, in accordance with the provisions of article L. 217-19;
6 ° It corresponds to the quantity, quality and other characteristics, including in terms of sustainability, functionality, compatibility and security, which the consumer can legitimately wait for goods of the same type, having regard to the nature of the property as well as to the public declarations made by the seller, by any person upstream in the chain of transactions, or by a person acting for their account, including in advertising.
II.- However, the seller is not held by all public declarations mentioned in the preceding paragraph if he demonstrates:
1 ° that he did not know them and was legitimately unable to know them;
2 ° That at the time of the conclusion of the contract, public declarations had been rectified under conditions comparable to the initial declarations; or
3 ° that public declarations could not have any influence on the purchasing decision.
III.-Consumer cannot contest the conformity by invoking a defect concerning one or more particular characteristics of the property, of which it was specifically informed that they deviated from the criteria of conformity set out in this article, a difference to which he expressly and separately consented to the conclusion of the contract. »»
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. 217-3 and following of the Consumer Code) apply and are reproduced below:
article 1641 of the Civil Code
"The seller is bound by the guarantee of the hidden defects of the sold thing which makes it improper to the use which decrease this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them. »
Article 1648 paragraph 1 of the Civil Code
« The action resulting from the crumbling defects must be brought by the buyer within two years from the discovery of the vice. »
Article L217-3 of the Consumer Code
» The seller issues a good in accordance with the contract as well as to the criteria set out in article L. 217-5. It responds to existing compliance defects at the time of the delivery of the property within the meaning of article L. 216-1, which appear within two years from it. (…)
This warranty period applies without prejudice to articles 2224 and following of the Civil Code. The starting point for the prescription of consumer's action is the day of knowledge by the latter of the lack of conformity. »
Article L. 217- 4 of the Consumer Code (only for the customer having the quality of consumer)
« The property is in accordance with the contract if it meets in particular, if necessary, to the following criteria:
1 ° It corresponds to the description, the type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristics provided for in the contract;
2 ° It is specific to any special use sought by the consumer, brought to the attention of the seller at the latest at the time of the conclusion of the contract and which the latter accepted;
3 ° It is issued with all the accessories and installation instructions, which must be provided in accordance with the contract;
4 ° It is updated in accordance with the contract. »
Article L. 217- 5 of the Consumer Code (only for the customer having the quality of consumer)
» - - In addition to the criteria of compliance with the contract, the property is in accordance with the following criteria:
1 ° It is specific to the usually expected use of a same type, taking into account, if applicable, any provision of European Union law and national law as well as all technical norms or, in the absence of technical standards, specific applicable to the sector concerned;
2 ° If necessary, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3 ° If necessary, the digital elements it includes are provided according to the most recent version which is available at the time of the conclusion of the contract, unless the parties agree otherwise;
4 ° If necessary, it is issued with all accessories, including packaging, and installation instructions that the consumer can legitimately wait;
5 ° If necessary, it is provided with the updates that the consumer can legitimately wait, in accordance with the provisions of article L. 217-19;
6 ° It corresponds to the quantity, quality and other characteristics, including in terms of sustainability, functionality, compatibility and security, which the consumer can legitimately wait for goods of the same type, having regard to the nature of the property as well as to the public declarations made by the seller, by any person upstream in the chain of transactions, or by a person acting for their account, including in advertising.
II.- However, the seller is not held by all public declarations mentioned in the preceding paragraph if he demonstrates:
1 ° that he did not know them and was legitimately unable to know them;
2 ° That at the time of the conclusion of the contract, public declarations had been rectified under conditions comparable to the initial declarations; or
3 ° that public declarations could not have any influence on the purchasing decision.
III.-Consumer cannot contest the conformity by invoking a defect concerning one or more particular characteristics of the property, of which it was specifically informed that they deviated from the criteria of conformity set out in this article, a difference to which he expressly and separately consented to the conclusion of the contract. »»
10.3 Liability
The responsibility of Easy Sushi could not be engaged in the event that the non -performance of its obligations is attributable either:
Likewise, Easy Sushi 's responsibility cannot be engaged for all the drawbacks or damage inherent in the use of the Internet, including a breakdown of service, an external intrusion or the presence of computer viruses.
The name and address of the Restaurant guaranteeing the conformity of the Products to the contract appear in the Order confirmation email sent to the Customer following validation of their Order.
- The unforeseeable and insurmountable act of a third party to the contract;
- A fortuitous event or force majeure, within the meaning of article 1218 of the Civil Code;
- In the event of impossibility of delivery due to incorrect contact details of the Customer.
Likewise, Easy Sushi 's responsibility cannot be engaged for all the drawbacks or damage inherent in the use of the Internet, including a breakdown of service, an external intrusion or the presence of computer viruses.
The name and address of the Restaurant guaranteeing the conformity of the Products to the contract appear in the Order confirmation email sent to the Customer following validation of their Order.
11. Intellectual property
The content of the Website is the property of the company publishing the Site as designated in the legal notices [ legal notices ] and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
12. Personal data
Easy Sushi declares to respect and undertake to comply with the regulations relating to personal data in force in France, and in particular the European data protection regulation of April 27, 2016 (GDPR) and the Data Protection Act of January 6, 1978 modified.
The customer is invited to consult the privacy policy available here .
The customer is invited to consult the privacy policy available here .
13. Applicable law
These General Terms and Conditions are subject to French law. In the event that they are translated into one or more foreign languages, only the French version will be authentic in the event of a dispute.
14. Use of mediation
If you are a "consumer" within the meaning of the preliminary article of the Consumer Code, you must first send us your complaint in accordance with the provisions of article 8 above.
If this attempt fails, you will be able to use a conventional mediation procedure or any other alternative mode of dispute settlement and in particular by using, free of charge, within one year from your complaint, to the mediator of competent consumption in accordance with the provisions of article 616-1 and following of the Consumer Code:
Center for the Consumption of Consumption of the Conciligators of Justice
CM2C@cm2c.net
14
, Paris you can, in order to resolve your dispute, access the European online dispute settlement platform provided for by Regulation (EU) No 524/2013 of May 21, 2013 relating to the online settlement of consumer disputes, in particular cross -border, following the link http://ec.europa.eu/consumers/ .
In the event of failure of this mediation, or if you do not wish to use it, you remain free to submit your dispute concerning both their validity, their interpretation, their execution, their consequences and their consequences will be subject to the competent courts under the conditions of ordinary law. Toulon Commercial Court will be solely competent.
If this attempt fails, you will be able to use a conventional mediation procedure or any other alternative mode of dispute settlement and in particular by using, free of charge, within one year from your complaint, to the mediator of competent consumption in accordance with the provisions of article 616-1 and following of the Consumer Code:
Center for the Consumption of Consumption of the Conciligators of Justice
CM2C@cm2c.net
14
, Paris you can, in order to resolve your dispute, access the European online dispute settlement platform provided for by Regulation (EU) No 524/2013 of May 21, 2013 relating to the online settlement of consumer disputes, in particular cross -border, following the link http://ec.europa.eu/consumers/ .
In the event of failure of this mediation, or if you do not wish to use it, you remain free to submit your dispute concerning both their validity, their interpretation, their execution, their consequences and their consequences will be subject to the competent courts under the conditions of ordinary law. Toulon Commercial Court will be solely competent.
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