PREAMBLE
These General Terms and Conditions of Sale (the “GTC”) apply to any reservation and/or purchase made by a Customer (as defined below) on the website accessible at the address: www.kong.fr (the “Site”).
The Site is published by MMW (the “Company”) which operates the Restaurant under the brand KONG.
MMW SAS with a share capital of 40,000 euros, RCS Paris 438 263 964, 1 rue du Pont Neuf 75001 PARIS.
WITH THIS STATED, THE FOLLOWING HAS BEEN AGREED:
Article 1. DEFINITIONS
The terms used in the body of the GTC, including its preamble, and beginning with a capital letter, whether used in the singular or plural, shall have the meanings given to them below.
Customer: refers to the adult natural person, having full legal capacity allowing them to commit under the GTC, and acting for their own needs, excluding any intermediation, resale, distribution, or similar activity of all or part of the Services and/or Gifts.
Contract: refers to the GTC as well as the Cancellation Policy, as applicable, as summarized in the Confirmation Email.
Privacy Policy: refers to the personal data protection policy.
Confirmation Email: refers to the confirmation email sent by the Restaurant to the Customer at the email address provided by the Customer during the reservation and/or purchase, specifying, in particular, the reservation conditions and/or the details of the order placed.
Cancellation Policy: refers to the specific conditions applicable to the modification and/or cancellation of a Restaurant Service.
Restaurant Service: refers to the restaurant service offered within the Restaurant.
Special Events: Events that, by their exceptional nature, are fully prepaid.
Article 2. PURPOSE
The Contract governs the contractual relationships between the Customer and the Restaurant from which the Customer makes a reservation and/or purchase. The GTC are made available to the Customer on the Site where they can be directly consulted at any time. The Customer has the ability to save and edit the GTC using the standard features of their browser and/or computer.
The GTC prevail over any other document regarding their subject matter, except for the Specific Rate Conditions or the Cancellation Policy, which prevail over the GTC in case of conflict.
The Contract expresses the entirety of the parties’ obligations. No general or specific condition communicated by the Customer can be integrated into the Contract or added to it.
Article 3. RESERVATION
3.1 Reservation Process
3.1.1 General Provisions
Any reservation and/or purchase requires the complete and unconditional consultation and acceptance of the GTC.
In case of online reservation and/or purchase on the Site, the Customer accepts the GTC, and the Cancellation Policy, as applicable, accessible through a hyperlink, by checking the corresponding boxes. Without this acceptance, the continuation of the reservation process is technically impossible.
The Customer acknowledges having read the nature, destination, and reservation terms of the Services and has requested and obtained necessary and/or additional information to make the reservation and/or purchase with full knowledge. Additional verifications may be carried out directly with the Restaurant if necessary, via the “Contact” tab available on the Site.
It is reminded for all useful purposes that the Customer is solely responsible for their choice of Services and their suitability for their needs, so that the responsibility of the Restaurant or the Company cannot be sought in this regard.
It is expressly agreed between the Parties that any reservation of a Service is nominative and cannot, in any case, be transferred in whole or in part to a third party, whether free of charge or for consideration.
3.1.2 Restaurant Service Reservation Process
The reservation of a Restaurant Service takes place as follows:
· The Customer selects the Restaurant in which they wish to enjoy the Restaurant Service;
· The Customer indicates the number of people for whom they wish to make a reservation;
· The Customer selects the date and time at which they wish to enjoy the Restaurant Service;
· The Customer provides their first name, last name, email address, phone number, and any special request regarding their reservation;
· The Customer must then check the boxes “By clicking on reserve, I accept the Restaurant’s GTC” and “I accept the Cancellation Policy” in order to click on the “Reserve” button.
· Recording of the Customer’s order after their final validation, either after a “second click” on “Validate and Pay,”
· Validation of payment by the Customer by credit card (Visa, MasterCard, Amex) via a secure interface. Once the payment is validated, the order is final.
3.2 Confirmation of Reservation and/or Purchase
Once the Customer has made a reservation for a Service under the conditions of Article 3.1, the Customer receives a Confirmation Email at the email address they provided.
The reservation is considered definitively made upon receipt of the Confirmation Email by the Customer.
3.3 Right of Withdrawal
It is reminded that, in accordance with Article L. 221-28 12° of the Consumer Code, the Customer does not have a right of withdrawal provided for in Article L. 221-18 of the Consumer Code for the Services covered by these terms.
3.4 Cancellation or Modification by the Customer
The reserved Services are exclusively subject to the cancellation and/or modification conditions provided for in the Cancellation Policy for Restaurant Services, which are summarized in the Confirmation Email.
3.5 No-show
Depending on the Cancellation Policy, the Restaurant will be entitled to charge cancellation fees, which will be deducted from the amount held in guarantee (if the reservation has not been pre-paid). The Restaurant also reserves the right to resell the Service in question.
3.6 Reservation Irregularity
Any reservation or payment that is irregular, ineffective, incomplete, or fraudulent for a reason attributable to the Customer will result in the cancellation of the reservation, without prejudice to any civil or criminal action against the Customer.
Depending on the Cancellation Policy, the Restaurant will be entitled to charge cancellation fees and, if applicable, all or part of the price of the reserved Services, which will be deducted from any amounts paid in advance or which will be deducted from the amount held in guarantee (if the reservation has not been pre-paid). The Restaurant also reserves the right to resell the Service in question.
3.7 Complaint – Information
Complaints regarding a purchase and/or the non-performance or improper performance of the Services must, in order to facilitate their processing, be brought to the attention of the Restaurant in writing at the contact details provided in the “Customer Service” tab of the Site.
Article 4. FINANCIAL CONDITIONS
4.1 Price of Restaurant Services
For Restaurant Services, the reservation on the Site is free, and the price to be paid depends on the Customer’s consumption.
4.2 Payment Conditions
Payment for Restaurant Services is made according to the payment terms indicated by the respective Restaurant.
No payment is made on the Site when making a reservation, except for special events.
Depending on the applicable Cancellation Policy, certain fees may be charged to the Customer in case of reservation cancellation or non-presentation by the Customer.
4.3 Payment Conditions for Special Events
For special events, the total price including taxes must be paid before the event.
All beverages or supplements will be paid on-site during the customer’s visit.
All payments are considered final and will not be
refundable or exchangeable by the restaurant. A change in the number of guests will not entitle to a refund.
Table assignments will be made by us without possible modifications.
According to the applicable Cancellation Policy, in case of reservation cancellation or non-presentation by the Customer, none of the amounts paid will be refunded.
Article 5. PERSONAL DATA
In the course of performing the Services, the Company processes personal data of Customers and Site users, as provided for in the Privacy Policy available here.
Article 6. INTELLECTUAL PROPERTY
The trademark “KONG,” as well as all figurative or non-figurative marks and, more generally, all other marks, illustrations, images, and/or logos are and remain the exclusive property of the Company.
The Site and all the graphic, textual, visual, and photographic elements on it, including all illustrations, figurative or non-figurative marks, logos, images, drawings, photographs, characters, texts, backgrounds, presentation styles, graphics, or any other elements of the Site (hereinafter the “Content”) are and remain the exclusive property of the Company and are protected, in particular, by intellectual property rights.
The Marks, the Site, and/or its Content may not be modified, reproduced, represented, distributed, displayed, marketed, integrated into a derivative work, or otherwise used on any medium whatsoever. In general, the Marks, the Site, and its Content may only be used for browsing the Site and, where applicable, for making a reservation or placing an order.
The use of all or part of the Marks, the Site, and/or its Content, including downloading, reproduction, transmission, or representation for purposes other than those provided for in these GTC, is strictly prohibited.
Article 7. FORCE MAJEURE
The Parties agree to apply Article 1218 of the Civil Code and the jurisprudence of the French courts.
It is specified, for all useful purposes, that events of personal convenience are not considered force majeure events.
Article 8. CHANGES / AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE
The Restaurant invites the Customer to carefully read the GTC before each reservation and/or purchase, as they may have been modified. The GTC may be modified and/or supplemented at any time by the Restaurant. In this case, the new version of the GTC will be posted on the Site in a readable and accessible format to allow the Customer to access and easily read them. The GTC as modified/supplemented will take effect from their posting on the Site and will apply only to purchases and/or reservations made after their posting; purchases and/or reservations made before such posting will be governed by the previous version of the GTC.
The Customer can retain these GTC in a durable medium by printing them. In the case of a reservation on the Site, the GTC and the Cancellation Policy, as applicable, will be attached to the Confirmation Email sent to the Customer, allowing the Customer to download and/or print them.
Article 9. EVIDENCE AGREEMENT
In any event, and especially in the event of a dispute, the Restaurant may validly provide proof of the Customer’s actions, validations, and instructions, including the entry of required banking information, the computerized records kept in the Company’s computer systems, as well as the content of messages and operations of Customers, using connection logs, which the Customer acknowledges.
Article 10. GENERAL PROVISIONS
In the event that any provision of the Contract is declared null, unenforceable, or unenforceable by any competent court, the other provisions shall remain valid, applicable, and enforceable, unless otherwise ordered by said court.
The failure of one party to invoke a right or breach of the other party shall not, for the future, be deemed a waiver of the right or breach in question. Any waiver shall only be enforceable if it has been expressed in writing by the party from which it originates to the other party.
The titles of the clauses are for indicative purposes only; in case of contradiction between these titles and their content, the content shall prevail.
The fact that the Restaurant does not invoke any of the provisions of the Contract at a given time cannot be interpreted as a waiver of the right to invoke that provision in the future.
For convenience, an English translation of the GTC has been prepared. However, in case of dispute, only the French text shall prevail.
Article 11. APPLICABLE LAW – DISPUTE
The Contract is governed by French law, without prejudice to the potentially applicable mandatory provisions of the consumer’s country of residence.
It is reminded that amicable settlement of the dispute is preferable.
In the event of a dispute regarding the Contract, Services, and/or Gifts, the Customer undertakes to address the Restaurant’s Customer Service as a priority, the contact details of which are provided below:
KONG
Company MMV
10 Rue Bertin Poirée
75001 PARIS
Email: contact@kong.fr
After contacting the Customer Service to attempt to resolve the dispute amicably, and in the event of a negative response or no response from the Customer Service within sixty (60) days from the time of the claim, the Customer may contact:
the Association of European Mediators (AME)
197 Boulevard Saint Germain
Paris, 75007
Email address: saisine@mediationconso-ame.com
Website: http://www.mediationconso-ame.com
Phone: +33 (0)953010269
which will attempt, independently and impartially, to achieve an amicable resolution of the dispute.
The Customer remains free to use or not use mediation.
In the event of the Restaurant’s use of mediation, the Customer is also free to accept or refuse the use of mediation.
Once the mediator’s decision is rendered, each party is free to accept or reject the solution proposed by the mediator.
It is also reminded that, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, the Customer has access to the Online Dispute Resolution (ODR) platform at the following address: ec.europa.eu/consumers/odr
All difficulties relating to the interpretation, performance, and expiration of the Contract, the general terms of sale, or the services will be submitted, in the absence of an amicable agreement under the conditions above, to the exclusive jurisdiction of the competent courts of Paris, even in the case of summary proceedings, warranty appeal, or multiple defendants. As an exception to the above, it is specified that the consumer-customer may choose to bring any dispute EITHER before one of the territorial jurisdictions under the code of civil procedure, OR the jurisdiction of the place where they resided at the time of the conclusion of the contract, or the occurrence of the harmful event, in accordance with Article R. 631-3 of the consumer code.