Terms&Conditions
- IMPORTANT – NOTE TO THE USER:
www.vapiano.fr is a website providing information about VAPIANO restaurants and selling prepared food products online to consumers.
The website belongs to GIE VAPIANO, whose contact details are provided in the “Legal Notice” tab.
Please read these General Terms and Conditions of Use and Sale (GTCU) carefully; they define the terms and conditions of use of the Website and sale which you accept by using and ordering on the Website www.vapiano.fr.
These General Terms and Conditions of Use apply to browsing the Website by an internet user, as well as to any order for one or more products placed by a consumer on the Website www.vapiano.fr.
You acknowledge that these General Terms and Conditions of Use and Sale are enforceable to the same extent as any other written contract you may have signed. If you disagree with these General Terms and Conditions of Use and Sale, you are not authorized to use or order Products on the www.vapiano.fr website.
The website is free and open to all.
- LEGAL INFORMATION :
IT IS REMINDED THAT ACCESS TO THE WEBSITE AND THE PURCHASE OF ALCOHOLIC BEVERAGES ARE PROHIBITED TO MINORS.
In accordance with Article L. 3342-1 of the French Public Health Code, the sale of alcohol to minors under 18 years of age is prohibited. Anyone placing an order on the website www.vapiano.fr confirms that they have the legal capacity and are of legal drinking age (18 years or older). Customers may be asked to provide proof of identity when collecting their order at the restaurant.
ALCOHOL ABUSE IS DANGEROUS FOR YOUR HEALTH, CONSUME AND ENJOY IN MODERATION.
For your health, avoid eating too much fat, sugar, and salt. More information: http://www.mangerbouger.fr/
- Article 1. DEFINITIONS
In these General Terms and Conditions of Sale, the following words or expressions (both plural and singular) shall have the following meanings:
Client: refers to any user, a natural person of legal age with the capacity to contract, who has the status of consumer, that is to say, who does not act within the framework of his professional activity and who browses, possibly creates an account, and orders a Product offered on the Website.
Order: refers to the online ordering service for products available in participating Restaurants, and the act of purchasing Products on the Website by the Customer.
General Terms and Conditions of Use and Sale: refers to these general terms and conditions which form the contract binding the User, the Client and VAPIANO and which the User and the Client declare to accept.
Personal data: refers to the data and information concerning Users and Customers that are collected and processed in connection with the use of the Website. This information is detailed in the “Personal Data Protection Policy” section.
VAPIANO: refers to the VAPIANO GIE which publishes the Website, as designated in the “Legal Notices” tab.
Product: refers to any product offered for sale on the Website and in particular meals, prepared food products and drinks.
Restaurants: refers to the company operating the VAPIANO restaurant selected by the Customer, with whom the Order will be registered, and whose contact details will be provided in the order confirmation email and on the receipt issued in the restaurant upon collection of the Products
Website: refers to the infrastructure, accessible at www.vapiano.fr, operated by VAPIANO.
Users: refers to internet users who browse the Website.
- Article 2. PURPOSE AND APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF USE AND SALE
In these General Terms and Conditions of Sale, the following words or expressions (both plural and singular) shall have the following meanings:
Client: refers to any user, a natural person of legal age with the capacity to contract, who has the status of consumer, that is to say, who does not act within the framework of his professional activity and who browses, possibly creates an account, and orders a Product offered on the Website.
Order: refers to the online ordering service for products available in participating Restaurants, and the act of purchasing Products on the Website by the Customer.
General Terms and Conditions of Use and Sale: refers to these general terms and conditions which form the contract binding the User, the Client and VAPIANO and which the User and the Client declare to accept.
Personal data: refers to the data and information concerning Users and Customers that are collected and processed in connection with the use of the Website. This information is detailed in the “Personal Data Protection Policy” section.
VAPIANO: refers to the VAPIANO GIE which publishes the Website, as designated in the “Legal Notices” tab.
Product: refers to any product offered for sale on the Website and in particular meals, prepared food products and drinks.
Restaurants: refers to the company operating the VAPIANO restaurant selected by the Customer, with whom the Order will be registered, and whose contact details will be provided in the order confirmation email and on the receipt issued in the restaurant upon collection of the Products
Website: refers to the infrastructure, accessible at www.vapiano.fr, operated by VAPIANO.
Users: refers to internet users who browse the Website
- Article 3. “TAKEAWAY” or “CLICK AND COLLECT”: ONLINE SALES SERVICE FOR PRODUCTS
By clicking on the “TAKEAWAY” tab, the Customer can order Products online and pick them up at the Restaurant.
3.1. Selecting the Restaurant for Product Pickup
To place an Order via the Website, the Customer must select the Restaurant from which they wish to pick up their Order.
The Customer must also select the time at which they wish to pick up their Order.
Pickup can only take place from the opening time of the selected Restaurant until its closing time or the closing time of the online ordering service set by the selected Restaurant.
It is therefore the Customer’s responsibility to check the opening and closing times of the Restaurant or the online ordering service on the page of the Restaurant they have selected. The hours of the online ordering service, as well as the opening and closing times of the Restaurant where the Customer wishes to pick up their Order, are available on the Website at the time the Customer selects said Restaurant.
3.2. Products
The Products for sale on the Website are offered by the Restaurants and chosen by the Customer.
These Products are those listed in the catalog published on the Website on the day of the Order, subject to availability. Products that are out of stock are marked as unavailable, and ordering them will not be possible.
Products offered for sale on the Website are accompanied by a description outlining their essential characteristics and prices.
It is recommended to consume Products promptly after collection from the Restaurant and never to freeze them.
Products offered for sale are subject to change or removal by VAPIANO without prior notice.
Photographs illustrating the Products are for illustrative purposes only and do not constitute a contractual document.
The Products comply with applicable regulations concerning the safety and health of individuals and consumer protection at the time they are placed on the market.
3.3. Product Selection
To place an Order via the Website, the Customer must select the Products they wish to purchase by adding them to their shopping cart.
When selecting Products, the Customer may also choose to add certain ingredients, either free of charge (“Included Extras”) or for an additional fee (“Supplements”).
Before confirming their Order, the Customer is provided with a free text field to add a note to their Order.
3.4. Order Confirmation
After selecting the Products they wish to purchase, the Customer can review their Order summary, which appears in a window on the right side of the screen. The Customer can modify the quantities of Products or remove a Product from their cart. They can also enter a promotional code if they have one.
The Customer must then confirm their Order.
To confirm their Order via the Website, the Customer must either create an account or provide certain information.
Whether or not the Customer chooses to create an account, they must provide the following information:
Last Name,
First Name,
Email Address, and
Telephone Number.
The Customer must also choose a password to log in to their account.
This information provided by the Customer is used to process the Order and generate the invoice. The Customer has the right to access, modify, correct, and delete their Personal Data under the conditions set out in the “Personal Data Protection Policy” section.
The Customer guarantees that the Data they provide is accurate and truthful.
Providing a valid email address is necessary for the Customer to receive Order confirmations and to accumulate loyalty points.
It is the Customer’s responsibility to keep their information strictly confidential and not to share it with third parties, in order to minimize the risk of identity theft and unauthorized orders being placed without their knowledge.
VAPIANO cannot be held liable for any unauthorized use of the Customer’s account or for any identity theft, as VAPIANO does not have the technical means to systematically verify the identity of individuals.
If the Customer suspects fraudulent use of their login credentials, they must immediately inform VAPIANO.
If the Customer loses or forgets their email address, they can send an email to serviceclient@vapianofrance.fr. Their registration address will then be provided.
If the Customer loses or forgets their password, they can click on the “Forgot your password?” tab. Their password will then be sent to the email address they provided.
After providing the information listed above, the Customer must accept these General Terms and Conditions of Sale by checking the box provided for this purpose.
The Customer may also consent to receiving promotional SMS messages and/or emails.
3.5. Payment of the Order
The prices displayed on the Website are inclusive of all taxes (VAT included) in euros, taking into account the VAT applicable on the day of the Order.
VAPIANO reserves the right to modify its prices at any time, it being understood, however, that the price displayed on the Website on the day of the Order will be the only applicable price.
The Customer must then make payment for their Order, it being specified that placing an Order on the Website obligates them to pay for it.
Orders placed on the Website are payable only by credit card.
By clicking on “Validate and pay online,” the Customer will be redirected to the secure and reliable page of the STRIPE bank.
The Customer is informed that VAPIANO does not collect or store the Customer’s bank details, as specified in the “Data Protection Policy.”
3.6. Order Confirmation
For each order, VAPIANO will send an Order confirmation by email and/or SMS.
This Order confirmation will include an order number and/or a barcode.
3.7. Proof of Order:
VAPIANO will archive order forms and invoices on a reliable and durable medium, constituting a faithful copy.
VAPIANO’s computerized records will be considered by VAPIANO and the Customer as proof of communications, Orders, payments, and transactions between the parties.
3.8. Order Collection:
After receiving confirmation of their Order, the Customer must go to the selected Restaurant, bringing with them the Order confirmation message (email or SMS), their Order number, and the barcode sent by VAPIANO to collect their Order.
The Customer must collect their Order from the Restaurant on the same day it was validated on the Website, starting from the time selected when placing their Order. The Order will remain available for 45 minutes.
If the Customer is late collecting an Order, it will be destroyed by the Restaurant after 45 minutes.
If the Customer fails to collect an Order, the ordered Products will not be delivered and the Customer will be charged for the Order.
The Restaurant will provide the Customer with a receipt.
3.9. Right of Withdrawal
In accordance with the provisions of Article L.221-28, 4° of the French Consumer Code, the right of withdrawal applicable to distance selling cannot be exercised in the case of the supply of goods liable to deteriorate or expire rapidly, which is the case for the Products.
Therefore, all Orders placed on the Website are final and binding.
The right of withdrawal is excluded.
Orders that have been definitively validated, paid for, and collected cannot be canceled.
No merchandise can be returned or exchanged.
3.10. Complaints
Any question or complaint concerning Products collected in the Restaurant must be made within a maximum of forty-eight (48) hours after collection of said Products, to VAPIANO, either by mail to the address appearing on the receipt, or by email by replying to the Order confirmation email.
After this period, no question or complaint will be considered.
3.11. Warranties
VAPIANO is liable for defects in conformity of the Products under the conditions of Article L.217-4 et seq. of the French Consumer Code and for hidden defects in the goods sold under the conditions provided for in Articles 1641 et seq. of the French Civil Code.
Under this warranty, the Customer has two (2) years from receipt of the Product to request, depending on the circumstances and the nature of the Product, its repair or replacement, subject to the conditions set forth in Articles L.217-9 and L.217-10 of the French Consumer Code. The Customer is not required to provide proof of the existence of the lack of conformity during the twenty-four (24) months following delivery of the Product.
Given the nature of the Products, VAPIANO may replace them. If replacement is impossible, the Customer may return the Product and receive a full refund or keep the Product and receive a partial refund.
The Products also benefit from the legal warranty against hidden defects as defined in Article 1641 et seq. of the French Civil Code. Under this warranty, the Customer may choose between returning the Product or receiving a price reduction.
The Customer may exercise these guarantees by sending their request to VAPIANO at the following address: GIE VAPIANO, 58 B rue de la Boétie, 75008 Paris.
Return shipping costs will be covered by VAPIANO.
- Article 4. “ON SITE”: RESTAURANT LOCATION SERVICE
By clicking on the “ON SITE” tab, the User will be able to search for the location of a VAPIANO restaurant.
In order to benefit from the restaurant location service, the User must either agree to be geolocated, or provide an address.
A list of restaurants closest to the search location will appear.
- Article 5. “DELIVERY”: SERVICE CONNECTING YOU WITH DELIVERY DRIVERS
By clicking on the “DELIVERY” tab, the User will be able to have meals delivered.
Deliveries are handled by partners selected by VAPIANO.
VAPIANO’s delivery partners are as follows:
– Please
– Resto in
– Glovo
– Deliveroo
– UberEat
– Just Eat
In order to benefit from the service connecting with delivery drivers, the User must provide their delivery address.
Partners delivering to the area specified by the User will appear.
The User will need to select one of these partners and will be redirected to the website of the selected partner.
The User is informed that depending on their location, the delivery service may not be available. Delivery zones are defined to ensure the quality and temperature of meals upon delivery.
The User acknowledges and accepts that the ordering and delivery of meals will be carried out by third-party service providers, delivery partners.
The ordering and delivery terms are therefore defined by the aforementioned delivery partners, excluding any responsibility on the part of VAPIANO.
- Article 6. ACCESS AND OPERATION OF THE WEBSITE
VAPIANO will make every effort to ensure continuous access to the Website, diligently and professionally, except for interruptions required for maintenance, potential outages, or technical or legal constraints. Users and Clients acknowledge and accept that no one can guarantee the proper functioning of the internet as a whole.
The equipment (computer, software, telecommunications equipment, etc.) enabling access to the Website and the ordering of Products is the responsibility of the Users and their Clients, as are the telecommunications costs incurred by their use.
Any questions or complaints about the operation of the Website should be sent by mail to the following address: VAPIANO GIE, 58 bis rue La Boétie, 75008 Paris.
- Article 7. LIMITATION OF LIABILITY
Users and Clients acknowledge and accept that no one can guarantee the proper functioning of the internet as a whole. In the event of inaccessibility to the Website, due to technical or other problems, Users and Clients acknowledge and accept that they will not be entitled to claim damages or any compensation.
The hyperlinks on this website may lead to other websites, and VAPIANO cannot be held liable if the content of these sites violates applicable laws or if a user suffers harm as a result of visiting one of these sites. Accessing and/or using these external sites and resources via these hyperlinks is governed by their own terms of use. VAPIANO has no control over the content of these third-party sites, which remain entirely independent.
VAPIANO cannot be held liable for non-performance or poor performance of the contract due to the Client’s actions, an insurmountable and unforeseeable act of a third party to the contract, or force majeure.
- Article 8. PROTECTION OF PERSONAL DATA
The personal data collected on the website is subject to the “Personal Data Protection Policy” available under the tab of the same title.
- Article 9. INTELLECTUAL PROPERTY
The website is the property of VAPIANO. It is protected by international copyright laws and treaties, as well as by other international intellectual property laws and treaties.
All rights relating to the Website and the overall concept of VAPIANO’s business, their original and innovative character, including intellectual property rights on texts, literary and artistic creations, graphics (including photographs) and audiovisual works, computer developments, HTML developments and other works of the mind and, more generally, all creations likely to be protected by intellectual property law such as images, logos, formatting, graphic charter, structure, ergonomics, color codes, typography, fonts, basic graphic elements, graphic organization of screens, layout, page backgrounds, the visual identity of the Website and catalogues, sound elements or trademarks belong to VAPIANO or are regularly used by the latter, without any limitation.
Users and Customers agree not to infringe directly or indirectly upon VAPIANO and its rights, and not to reproduce its website. Any reproduction, distribution, modification, adaptation, retransmission, or publication, even partial, of these elements constitutes infringement punishable under the Intellectual Property Code.
- Article 10. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are governed by French law. In the event of a dispute relating to the “TAKEAWAY” online sales service for the Products, the Customer should first contact VAPIANO’s customer service department at +33 1 70 92 11 75, Monday to Friday, 9:00 a.m. to 5:00 p.m., excluding public holidays, or by completing the “CONTACT” form.
If the complaint to customer service is unsuccessful or if no response is received within two months, the Customer may submit the dispute with VAPIANO to a mediator who will attempt, independently and impartially, to bring the parties together to reach an amicable solution.
The mediator’s contact details are as follows: SARL DEVIGNY MEDIATION 11 Rue de l’étag, 49220 THORIGNE D’ANJOU – 0241254758. In the event of failure, the dispute will be submitted to the competent court of the defendant’s domicile or, at the plaintiff’s option, the place of performance of the contract, in accordance with Articles 42 and 46 of the Code of Civil Procedure.
- Article 11. MISCELLANEOUS PROVISIONS
If any of the non-essential clauses of these General Terms and Conditions of Sale are found to be void or unenforceable under any law or regulation or as a result of an enforceable decision of a court or competent authority, the parties expressly agree that the validity of the other provisions of the General Terms and Conditions of Sale shall not be affected by the invalidity of the aforementioned clause.
The failure of either party at any time to require strict performance by the other party of any provision or condition of these General Terms and Conditions of Sale shall not be deemed to constitute a definitive waiver of such provision or condition.