GENERAL TERMS AND CONDITIONS OF SALE - CONSUMER AND NON-PROFESSIONAL CLIENTS

Article 1. DEFINITIONS

In these General Terms and Conditions of Sale, the following terms beginning with a capital letter shall have the meanings set out below, whether used in the singular or plural:

“GTCS” means these General Terms and Conditions of Sale.

“Client” means any Consumer Client or Non-Professional Client ordering Services from Renouard Réception.

“Consumer Client” means any natural person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal or agricultural activity.

“Non-Professional Client” means any legal entity acting for non-professional purposes. An association shall be considered a Non-Professional Client when it orders Services for needs that do not fall directly within the scope of its usual activity, particularly for internal or occasional events. Failing clarification provided by the association when placing the order, it shall be presumed to be acting as a Professional Client.

“Professional Client” means any person, natural or legal, acting for purposes within the scope of their professional activity.

“Contract” means collectively these GTCS, the initial quotation issued by Renouard Réception and returned signed by the Client, as well as any additional or amended quotation.

“Renouard Réception” means the company Olivine, a simplified joint-stock company (société par actions simplifiée), whose registered office is located at 48 rue Pereire – 92500 Rueil-Malmaison, France, registered with the Trade and Companies Register under number 991 388 679 RCS Nanterre, whose intra-Community VAT number is FR64991388679. Renouard Réception may be contacted by email at facturesolivine@gmail.com or by telephone at +33 6 87 44 27 71.

“Services” means the catering services offered by Renouard Réception. These services include in particular the design, preparation, supply and service of meals, beverages, cocktails, buffets and receptions, as well as any ancillary services related to the organization of events.

Article 2. GENERAL PROVISIONS

2.1 Scope of application

These GTCS apply to any order placed by a Consumer Client or a Non-Professional Client with Renouard Réception. They do not apply to orders placed by a Professional Client, which are subject to separate general terms and conditions of sale.

2.2 Purpose

These GTCS are intended to define the respective obligations of the parties in connection with any order placed by a Consumer Client or a Non-Professional Client with Renouard Réception.

2.3 Priority

These GTCS shall prevail over any contrary clause appearing in the Client’s documents, in particular in its general terms and conditions of purchase, unless specific provisions have been expressly accepted in writing by Renouard Réception. In the event of any inconsistency, the provisions of the accepted quotation shall prevail over these GTCS.

Mandatory provisions of consumer law shall prevail over any contrary clause. Any derogation from these GTCS requires the written agreement of Renouard Réception.

Article 3. QUOTATION AND ORDER

3.1 Quotation

Any service shall be the subject of a detailed quotation issued by Renouard Réception, valid for a maximum period of one (1) month, unless otherwise indicated depending on the scheduled date of the service, which may reduce such validity to one (1) week. The quotation specifies in particular the nature of the Services, the estimated number of guests, the services included, the financial conditions and the performance arrangements.

3.2 Order

The Contract is formed by the signing of the quotation bearing the mention “Agreed and accepted”, which must be returned to Renouard Réception for the order to be definitively validated. If the returned quotation differs from the one originally sent (in particular as regards the services and prices), the order shall only become effective after written acceptance by Renouard Réception of the amendments made.

3.3 Absence of right of withdrawal

Where the Contract is concluded remotely or off-premises and concerns catering services to be provided on a specific date or during a specific period, the Client does not benefit from the statutory right of withdrawal (Article L.221-28, 12° of the French Consumer Code).

3.4 Prior tasting

A prior tasting for a maximum of six (6) persons may be arranged upon request at the Ochre restaurant located in Rueil-Malmaison. The prior tasting shall be invoiced separately, on the basis of the current price of the selected menu, payable immediately on site at the end of the tasting. The amount invoiced for the prior tasting shall be added to the price of the Services and may under no circumstances be deducted therefrom.

Article 4. PRICES AND PAYMENT TERMS

4.1 Prices

The prices of the Services are expressed in euros, all taxes included (“TTC”), unless otherwise stated in the quotation.

4.2 Payment terms

The payment terms are specified in the quotation. All sums paid in advance shall constitute deposits. No discount shall be granted for early payment.

For Services ordered for an event other than a wedding, the price of the Services must be paid in full forty-eight (48) hours before the scheduled date of performance of the Services.

For Services ordered for a wedding:

  • a deposit equal to 50% of the total price including tax of the Services shall be payable upon signature of the quotation;

  • a second deposit equal to 40% of the total price including tax of the Services must be paid no later than two (2) weeks before the event;

  • the balance (10% of the total price including tax) must be paid on the day following the event.

4.3 Late payment

Any late payment shall automatically give rise to late payment interest at the statutory interest rate from the due date until full payment has been made.

4.4 Payment methods

Renouard Réception accepts payment by credit card, bank transfer, cheque and cash, within the applicable legal limits.

Article 5. NUMBER OF GUESTS

5.1 Communication deadline

The Client must communicate to Renouard Réception the final number of guests no later than seven (7) days before the date of the event for events other than weddings.

For weddings, the Client must communicate to Renouard Réception the final number of guests no later than ten (10) days before the date of the event, distinguishing between adults, children, specific menus and service providers.

5.2 Basis of invoicing

The invoice shall be established on the basis of the number of guests communicated within the deadline referred to in Article 5.1. No reduction in the number of guests may be taken into account after that deadline.

In the event of an increase in the number of guests compared to the number initially announced, Renouard Réception shall endeavour to accommodate such increase within the limits of its capacity, without this constituting an obligation. Any accepted increase shall be invoiced on the basis of the actual number of guests served, at the unit price specified in the quotation or pursuant to a supplementary quotation.

Article 6. CANCELLATION AND POSTPONEMENT

6.1 Cancellation

6.1.1 Weddings

In the event of cancellation of an order for Services relating to a wedding, the Client shall pay Renouard Réception, in addition to the administrative fee of €50 including tax applicable to any order, the following amounts as lump-sum compensation for the loss suffered by Renouard Réception:

  • cancellation more than six (6) months before the event: the Client shall owe no lump-sum compensation in addition to the €50 administrative fee;

  • cancellation between three (3) months and less than six (6) months before the event: the Client shall pay, in addition to the €50 administrative fee, lump-sum compensation equal to 50% of the total price including tax of the Services ordered (excluding administrative fees);

  • cancellation less than one (1) month before the event: the Client shall pay, in addition to the €50 administrative fee, lump-sum compensation equal to 80% of the total price including tax of the Services ordered (excluding administrative fees).

6.1.2 Other Events

In the event of cancellation of an order for Services relating to an event other than a wedding, the Client shall pay Renouard Réception the following amounts as lump-sum compensation for the loss suffered by Renouard Réception:

  • cancellation more than thirty (30) days before the event: the Client shall owe no lump-sum compensation in addition to the €50 administrative fee;

  • cancellation between thirty (30) and ten (10) days before the event: the Client shall pay, in addition to the €50 administrative fee, lump-sum compensation equal to 30% of the total price including tax of the Services ordered (excluding administrative fees);

  • cancellation less than ten (10) days before the event: the Client shall pay, in addition to the €50 administrative fee, lump-sum compensation equal to 80% of the total price including tax of the Services ordered (excluding administrative fees).

6.1.3 Force majeure

By way of exception, in the event of cancellation justified by a force majeure event preventing the event from taking place for more than ninety (90) days, no lump-sum compensation shall be due. The Client shall pay only: (i) the price of services already performed and (ii) the costs directly related to the order irrevocably incurred and duly justified by Renouard Réception (including the €50 administrative fee).

6.1.4 Proportionality

The compensation amounts referred to above correspond to a reasonable lump-sum estimate of the loss suffered by Renouard Réception as a result of cancellation of the order, which becomes binding upon signature of the quotation, and take into account the design and management costs incurred, goods ordered, staff mobilized and the impossibility of offering the date to other clients.

6.1.5 VAT

The lump-sum compensation referred to above shall, where applicable, be increased by VAT if VAT is applicable.

6.2 Postponement of date

Any postponement of the date initially scheduled for the event is subject to the express agreement of Renouard Réception and to its availability. In the event of agreement, reorganization fees amounting to 10% of the total price including tax of the Services shall be invoiced.

Article 7. PERFORMANCE OF THE SERVICES

7.1 Obligations of Renouard Réception

Renouard Réception undertakes to perform the Services in accordance with best industry practice, applicable professional standards, and all legal and regulatory provisions in force, in particular with respect to hygiene, food safety (HACCP) and personal safety. The times for intervention, delivery, installation, service and collection of equipment shall be specified in the quotation or subsequently agreed between the parties.

7.2 Obligations of the Client

The Client undertakes to make available to Renouard Réception, in due time and free of charge, all material and technical means necessary for the proper performance of the Services, in particular:

(i) free and secure access to the event venue for vehicles and staff;
(ii) a compliant and sufficient electrical supply;
(iii) a nearby source of drinking water;
(iv) a space suitable for the storage, preparation, service and temperature maintenance of the products;
(v) premises complying with applicable safety and hygiene standards;
(vi) all required administrative authorizations (venue authorization, municipal authorization, music broadcasting rights where applicable, etc.).

The Client guarantees the accuracy of the information communicated to Renouard Réception concerning the venue, technical constraints, the number of guests and access conditions.

For Services ordered for a wedding, the Client also undertakes to communicate, one (1) month before the date of the event, the final choice of menu, beverages and other options. After that deadline, no changes may be made except with the agreement of Renouard Réception.

At least ten (10) days before the event, the Client must communicate to Renouard Réception:

(i) the start time of the reception,
(ii) the final number of guests,
(iii) the table layout plan,
(iv) the seating plan,
(v) decoration instructions,
(vi) the running order of the event,
(vii) the catering information sheet duly completed and signed.

7.3 Consequences of the Client’s failures

Renouard Réception shall not be liable for delays, additional costs or impossibility of performance resulting from incomplete, inaccurate or late information communicated by the Client. Any overrun beyond the agreed service end time attributable to the Client or to external constraints not provided for in the quotation shall give rise to invoicing of overtime hours.

7.4 Outdoor events

Where the service is to be performed wholly or partly outdoors, the Client undertakes to provide suitable fallback or protective solutions (shelter, marquee, stable ground). In the event of adverse weather conditions (bad weather, strong winds, extreme heat, extreme cold) compromising the safety of persons, equipment or food, Renouard Réception reserves the right to adapt or suspend all or part of the Services for reasons of safety or sanitary compliance, without such adaptation or suspension giving rise to any compensation or refund.

7.5 Information on allergens

Renouard Réception makes available the list of major allergens present in the preparations. The Client undertakes to inform Renouard Réception in writing, no later than seven (7) days before the event, of any known dietary restrictions or allergies of the guests and to relay the information provided on the day of the event. Failing this, Renouard Réception shall not be held liable for allergic reactions occurring as a result of inaccurate or incomplete information communicated by the Client.

7.6 Alcohol service

Renouard Réception reserves the right to refuse to serve any alcoholic beverage to any minor or to any person who is manifestly intoxicated, without this giving rise to any claim. Where alcoholic beverages are supplied by the Client, the Client assumes full responsibility for them. Renouard Réception shall not be held liable for consequences related to alcohol consumption by guests and reserves the right to interrupt the service if safety conditions or regulations are not complied with.

Article 8. SERVICE TERMS

8.1 Duration of service

The duration of service included in the price is specified in the quotation.

8.2 Overtime

Any additional hour of service performed beyond the agreed service end time specified in the initial quotation, at the Client’s request or due to a delay or other circumstance attributable to the Client, shall be invoiced at €45 including tax per hour and per staff member, until the actual end of service, understood as the end time of service agreed with the Client. Any hour commenced shall be due in full.

8.3 Additional consumption

Any additional consumption (beverages, menu items, etc.) beyond the quotation shall be invoiced at the unit price stated in the quotation.

8.4 Handling

In the event of stairs, restricted access or any configuration making handling more complex at the reception venue, handling charges shall be included in the initial quotation.

If the equipment necessary for the reception is provided by the event venue or by the Client, and Renouard Réception is required to move, handle or store it, charges shall apply and be added to the initial quotation, on the basis of an estimate of the time involved agreed with the Client.

Lastly, if the reception venue does not allow the equipment to be collected on the same evening, transport and handling charges shall apply and shall be specified in the initial quotation.

8.5 Waste management

The collection and removal of waste, in particular bins and empty bottles where beverages are supplied by the Client, are not included in the Services of Renouard Réception. Any request for collection and removal shall be subject to a specific quotation, established according to the volume to be removed.

8.6 Leftover food

At the Client’s express request, leftover food, excluding food from culinary entertainment stations, may be handed over to the Client, provided that the Client supplies suitable containers. From the time of handover, the Client assumes full responsibility for the storage and consumption thereof and acknowledges having been informed of the risks associated with breaking the cold chain.

Article 9. EQUIPMENT

9.1 Ownership of equipment

The equipment made available by Renouard Réception as part of the Services (in particular tableware, glassware, table linen, furniture, service equipment and technical equipment) shall remain its exclusive property, unless otherwise stipulated.

9.2 Custody and responsibility

The Client shall have custody of the equipment from the time of delivery until its collection by Renouard Réception. The Client must ensure its proper preservation and use in accordance with its intended purpose. Under no circumstances may the equipment be moved, lent or used outside the scope of the event.

9.3 Breakage, loss and damage

The Client shall be liable for breakage, loss, theft or damage to the equipment occurring through its own act or through the acts of persons present at the event. This liability shall not extend to damage resulting from an inherent defect in the equipment, a force majeure event, or fault on the part of Renouard Réception’s staff. In the event of missing or damaged equipment, the Client shall compensate Renouard Réception and shall be invoiced on the basis of the price list previously provided by Renouard Réception, corresponding either to the new replacement value or the repair cost, as applicable.

Article 10. LIABILITY

Renouard Réception shall not be liable for non-performance or improper performance of the Services resulting from the Client’s failure to fulfil its obligations or from a force majeure event within the meaning of these GTCS.

In the event of improper performance of the Services by Renouard Réception causing loss or damage, the Client may seek to hold Renouard Réception liable in accordance with the ordinary rules of French law.

Article 11. CLAIMS AND MEDIATION

11.1 Service sheet

At the end of the service, the Client shall be invited to record any observations relating to the Services on the service sheet provided by Renouard Réception’s staff.

11.2 Claims procedure

Any claim relating to the performance of the Services may be sent to Renouard Réception by registered letter with acknowledgment of receipt or by email to the following address: facturesolivine@gmail.com.

11.3 Mediation

If you have not succeeded in resolving your dispute after sending us a written claim (by letter or email), dated and setting out the circumstances giving rise to the dispute and what you are claiming, you may refer the matter to the consumer mediator designated below, if you have received a negative written response from us or if no response has been received within two (2) months of sending your claim.

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our company has implemented a consumer mediation scheme.

The appointed mediation body is: SAS MÉDIATION CONSOMMATION DÉVELOPPEMENT.

In the event of a dispute, any consumer may submit a claim on the website:
https://www.medconsodev.eu

or by post to:
MÉDIATION CONSOMMATION DÉVELOPPEMENT
C/O Centre d'Affaires Stéphanois SAS - Immeuble l'Horizon - Esplanade de France - 3 rue J. Constant Milleret - 42000 SAINT-ETIENNE

Article 12. TERMINATION

12.1 Termination for breach

In the event of a breach by either party of any of its obligations under the Contract, and seven (7) days after the first presentation of a formal notice to pay and/or perform sent by registered letter with acknowledgment of receipt and remaining wholly or partly ineffective, the Contract shall be terminated automatically, at the option of the non-breaching party, without prejudice to any damages.

12.2 Effects of termination

In the event of termination, the sums due in respect of services performed as of the effective date of termination shall remain due to Renouard Réception (including the administrative fee of €50 including tax). Sums paid in respect of services not performed shall be refunded to the Client within thirty (30) days, after deduction of (i) the costs directly related to the order, irrevocably incurred and duly justified and, where applicable, (ii) any damages owed to Renouard Réception as assessed in accordance with ordinary rules of law.

Article 13. FORCE MAJEURE

In the event of force majeure, performance of the obligations of the prevented party shall be suspended for the duration of the impediment, without compensation being due by either party. The following shall in particular be deemed force majeure events within the meaning of these GTCS, without this list being exhaustive: natural disasters, fire, exceptional weather conditions, pandemics, epidemics, administrative or governmental decisions preventing performance of the service, strikes or other external labour disputes, civil unrest, riots, war, acts or threats of terrorism, shortages of fuel or raw materials, supply disruptions, transport interruptions or delays by carriers or suppliers, power outages, network failures, and any other external, unforeseeable and irresistible event preventing the normal performance of the Services.

If the force majeure event continues for more than ninety (90) days, either party may terminate the Contract automatically by written notice sent to the other party by registered letter with acknowledgment of receipt.

Termination shall take effect on the date of receipt of such notice. In that case, neither party shall be entitled to claim damages as a result of the termination. Amounts paid by the Client shall be refunded within thirty (30) days, after deduction of (i) the price of services already performed (including the administrative fee of €50 including tax) and (ii) the costs irrevocably incurred by Renouard Réception for the performance of services not yet performed and duly justified.

Article 14. PERSONAL DATA

Renouard Réception (company Olivine) collects and processes its Clients’ personal data (identity, contact details, invoicing and payment information). Such data are necessary for the management of quotations, orders, performance of the Services, invoicing, accounting, handling of claims and disputes. The legal bases for the processing are performance of the Contract, compliance with legal and regulatory obligations, and the legitimate interests of Renouard Réception. The data may also be used, unless the Client objects, to send by email offers relating to services similar to those already provided, in accordance with the applicable regulations.

The recipients of the data are the authorized personnel of Renouard Réception and its service providers involved in the performance of the Services, all of whom are subject to an obligation of confidentiality; no transfer outside the European Union is carried out. The data are retained for the duration of the contractual relationship, extended by the applicable statutory limitation periods, and for marketing purposes, for three years from the Client’s last contact.

Under the conditions provided for by the applicable regulations, the Client has the right of access, rectification, erasure, restriction, portability and objection (in particular to marketing), as well as the right to define instructions regarding the fate of their data after death.

These rights may be exercised by contacting Renouard Réception at the following address: facturesolivine@gmail.com or 48 rue Pereire, 92500 Rueil-Malmaison, France. The Client also has the right to lodge a complaint with the CNIL. Renouard Réception implements appropriate measures to ensure the security and confidentiality of the data.

Article 15. APPLICABLE LAW AND JURISDICTION

15.1 Applicable law

These GTCS and all orders for Services placed with Renouard Réception shall be governed by French law.

15.2 Competent jurisdiction

Any dispute relating to a Service ordered from Renouard Réception shall be settled by the competent court in accordance with the applicable rules. A Consumer Client may bring proceedings either before one of the courts having jurisdiction under the French Code of Civil Procedure or before the court of the place where they resided at the time the Contract was concluded or the harmful event occurred (Article R.631-3 of the French Consumer Code).

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