Terms and conditions of sale

BONUM Catering

Mrs Claudia Marcela Murcia Velasquez “EI” – 99, Boulevard Voltaire – 75011 Paris.
Not subject to VAT. PARIS RCS 914219308

Article 1 – Scope of application

These General Terms and Conditions of Sale (GTCS) apply to all sales and services concluded by BONUM Catering, the service provider, on its website “www.bonumcatering.com”, or on written request, with professional and non-professional customers. The Provider and the Customer agree that these General Terms and Conditions apply to the exclusion of all other conditions, in particular those applicable to Internet sales or sales via other marketing channels. The sale is deemed concluded on the date of acceptance of the order. Any order implies acceptance of these GTC which prevail over all others, with the exception of those which have been expressly accepted by the service provider.

These General Terms and Conditions will be sent without delay to any Customer who requests them. As these GTC may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the day the contract is concluded.

In accordance with current regulations, the Service Provider reserves the right to derogate from certain clauses of these GTS, depending on the negotiations conducted with the Customer, by drawing up Special Terms and Conditions of Sale.

The nullity of a contractual clause does not entail the nullity of these GCS. The temporary or permanent non-application of one or more clauses of the GCS by the service provider shall not constitute a waiver of the other clauses, which shall continue to have effect.

Article 2 – Purpose

These GCS set out the contractual conditions applicable exclusively to the services provided by the Provider, the non-exhaustive list of which is as follows:

preparation of meals, buffets, cocktails, menus, snacks and brunches for corporate, private or other events……
butler services, services or equipment hire, floral decoration, artistic direction;

In general, regardless of the option chosen by the Customer, the services will be identical for all guests (except for special diets and/or food allergies announced by the Customer when the quotation is drawn up).

Article 3 – Quotations

The company’s quotations are issued free of charge unless the company provides prior information to the contrary. The prices and conditions mentioned in the quotation are guaranteed for 30 days from the date it is drawn up. After this period, the Service Provider reserves the right to refuse to execute an order at the prices and conditions stated in the quotation.

Article 4 – Order and price

4.1 Any order signed by the Customer, relating to the sale of products and/or services whose characteristics and price are known to the Customer in advance, constitutes a firm and definitive commitment and acceptance of these terms and conditions. However, the sale of such services shall not be completed until the Service Provider has expressly accepted the Customer’s order in writing. Accordingly, the Service Provider reserves the right to refuse any service which it deems not to comply with its professional ethics.

4.2 In order to guarantee the quality and freshness of the products, the Provider may be obliged to modify its menu. The Customer will be informed as soon as possible.

4.3 Any changes requested by the Customer may only be taken into account, within the limits of the Provider’s possibilities and at its sole discretion, if they are notified in writing at least 30 days before the date scheduled for the delivery or provision of the services ordered, after the Customer has signed a new specific order form and the price and deadline for completion have been adjusted if necessary.

The number of guests: The Customer must confirm the number of guests no later than 30 days before the date of the event.

If the number of guests is reduced by more than 10% of the number envisaged when the quotation was drawn up, the cost of the services may not be reduced by more than 10% of the price excluding VAT. Consequently, the Customer alone will bear the cost of the loss of guests in excess of 10% of the number initially planned.
In the event of an increase of more than 10% in the number of guests, the Service Provider will draw up an amendment to the quotation subject to the availability of its service providers, the additional equipment required and, in general, any other element made necessary by the change requested by the Customer. If the Provider is unable to pay for these additional guests, it will inform the Customer as soon as possible, with no refund of any sums already paid.

4.4 In the event of the presence of products, dishes or any other goods not supplied by the Service Provider, the latter shall not be obliged to provide the service in the absence of prior agreement and invoicing for the service.

Article 5 – Terms of payment

5.1 Private and professional services

For all services, the price shall be paid as follows:

Payment of 100% of the price of the quote, inclusive of VAT, when the order form is signed.

5.2 Payments will only be considered final once the amounts due have been received by the Service Provider. An invoice will be sent to the Customer on request.

5.3 Except with the express prior written agreement of the Provider, and provided that the reciprocal receivables and debts are certain, liquid and due, the Customer may not validly set off any penalties for delay in the provision of the services ordered or the non-conformity of the services with the order.

Article 6 – Gift card

6.1 The gift card cannot be reimbursed under any circumstances, with the exception of the legal retraction period, and is valid for 6 months from the date of purchase.

6.2 If the beneficiary does not contact Bonum to make the purchase effective, Bonum cannot be held responsible for the loss of credits and acquires the full amount of the gift card.

6.3 Under no circumstances may the gift card be exchanged for its cash value.

Article 7 – Cancellation

In the event of cancellation of the order by the customer, after acceptance by the Provider, for any reason whatsoever other than force majeure and made at least two weeks before the service, the customer will be refunded 90% of the amount paid, if the cancellation is made between 96 hours and two weeks before the service the customer will be refunded 50% of the amount paid, if the cancellation is made less than 96 hours before the service no refund will be made. The remaining percentages are retained by the Service Provider as damages.

Article 8 – Performance of the service and termination of the contract

Except in the case of special conditions specific to the sale, the service will be performed at the location mentioned in the quotation and indicated by the Customer, within the time period agreed with the Customer. In the absence of any indication or agreement as to the date, place and time of performance, the Service Provider will not be in a position to provide the service and the Customer will be solely liable for any failure to perform.

In the event that the Service Provider fails to fulfil its obligation to perform on the date or upon expiry of the period provided for above, or, failing this, no later than 30 days after conclusion of the contract, the Customer may rescind the contract, under the conditions set out in Articles L. 216-2, L. 216-3 and L. 216-4 of the French Consumer Code. The Customer may immediately cancel the contract if the professional refuses to provide the service or if he does not fulfil his obligation to provide the service on the date stipulated, if this date or this deadline constitutes an essential condition of the contract for the purchaser. This essential condition arises from the circumstances surrounding the conclusion of the contract or from an express request made by the consumer before the conclusion of the contract. The costs and risks associated with this operation shall be borne exclusively by the Service Provider. Except in cases of force majeure, the deposit paid when the order is placed is automatically forfeited and cannot be reimbursed.

Article 9 – Obligations of the Service Provider

The Service Provider’s obligations constitute an obligation of means under the terms of which the services will be performed in strict compliance with the professional rules in use and, where applicable, in accordance with the terms of the contract. To this end, the Service Provider will assign professionals with the skills required to perform the services in accordance with its quality standards. Under no circumstances do these services include the restoration or cleaning of the reception room or any other room at the event venue, other than the kitchen and/or room made available to the Service Provider to carry out its services. The Service Provider will only be responsible for the removal of food waste.

Article 10 – Customer obligations

In order to facilitate the proper performance of the services, the customer undertakes:

to inform the Service Provider of the exact address of the reception venue and any contact details of the owner or manager of the venue;
to notify the Service Provider on the day of the quotation or no later than 30 days before the event of any food allergies or special dietary requirements of the guests attending the event. Failing this, the Service Provider accepts no liability. .
to assume any additional operating costs requested by the reception venue;
to be responsible for the disposal of waste bins and glasses;
manage the consumption of alcohol by its guests during the event;
to provide the service provider with complete and accurate information and documents within the necessary deadlines, without the service provider being obliged to check their completeness or accuracy;
to ensure that the key contacts and the correspondent are available throughout the performance of the services;
to notify the Service Provider directly of any difficulties relating to the performance of the services.
Article 11 – The Service Provider’s staff

With regard to the hierarchical and disciplinary authority that it exercises exclusively over its staff, the latter will remain under the effective control of the Service Provider throughout the performance of the services. In the event of work being carried out on the Customer’s premises, the Service Provider undertakes to comply with the health and safety obligations of which the Customer shall inform the Service Provider, provided that the Service Provider’s personnel are afforded the same protection as that afforded to the Service Provider’s employees. The Service Provider guarantees that the situation of its staff is in compliance with Articles L1221-10 et seq. and L3243-1 et seq. of the French Labour Code. The Service Provider also certifies that it complies with the provisions of Book III, Title IV of the French Labour Code.

Article 12 – Delivery

Delivery means the transfer to the Customer of physical possession or control of the goods.

Article 13 – Liability

13.1 The entire liability of the service provider and that of its collaborators in relation to any breach, negligence or fault, noted during the performance of the services, will be capped at the amount of the fees paid in respect of the services in question, in order to cover claims of any nature (including interest and costs), and this, regardless of the number of actions, grounds invoked, or parties to the disputes.

13.2 The Provider’s liability may only be incurred in the event of a proven defect or negligence and is limited to direct loss to the exclusion of any indirect loss of any nature whatsoever. Furthermore, the Service Provider may not be held liable in the following cases:

as a result of the failure or deficiency of a product or service for which neither the Service Provider nor any of its subcontractors are responsible for supply or delivery;
for facts and/or data which do not fall within the scope of the services, and/or which are not an extension thereof;
if the results of the services are used for a purpose or in a context other than that for which they were provided, if the recommendations are implemented incorrectly or if the service provider’s reservations are not taken into account.

Neither the service provider nor its insurers shall be liable for any indirect damage.

13.3 The products offered may contain traces of nuts, cow’s milk, soya, peanuts, eggs and gluten. The Service Provider cannot be held responsible for any health complications or disorders caused by the consumption of the products sold. The customer waives the right to hold the Provider liable in the event of any damage suffered as a result of the use of the products in contradiction with the recommendations below.

13.4 For reasons of hygiene, no goods will be returned or exchanged. The customer remains solely responsible in the event of transport of unused goods.

It is the Customer’s responsibility to take all necessary precautions with regard to the freshness and perishable nature of the products.

13.5 The Provider declines all liability in the event of theft of objects, funds, loss or damage to personal effects belonging to customers and/or participants in the event, during the reception.

13.6 Due to the break in the cold chain when products are removed from the cold room or fridge, unless otherwise specified, they must be consumed within two (2) hours. Therefore, once the products have been received, the Service Provider declines all liability in the event that the said products are consumed.

Article 14 – Guarantees

The service provider reserves the right to assign all or part of the performance of the services to service providers who meet the same qualification requirements. If the service requires specific technical skills, the service provider will inform the customer of the possibility of subcontracting part of the service. The subcontractor will then act under the sole responsibility of the service provider and undertakes to keep confidential all information that comes to its knowledge during the performance of the services.

Article 15 – Intellectual property

15.1 In the event that one of the service provider’s recommendations or the use of elements delivered following one of its recommendations involves the use of goods, models, drawings, photographs, etc. which are subject to intellectual property rights belonging to third parties, the service provider will inform the customer of the existence of these rights and the consequences of their use. It will then be up to the customer, under its sole responsibility, to take all measures allowing the use of such rights, in particular by negotiating on its own behalf the rights of use under conditions such that the service provider is in a position to take advantage of them for the purposes of the services.

15.2 The contractor reserves all right, title and interest in and to:

the original material contained in the work, documents, memos, consultations, opinions, conclusions or other pleadings, etc. produced in connection with the Services, including but not limited to any copyright, trademark and other intellectual property rights therein and;
all methods, processes, techniques, developments and know-how, whether or not incorporated into the services or which the service provider may be required to develop or provide as part of the services. 15.3. The client may, without geographical limitation, free of charge and irrevocably, use internally and for the duration of copyright protection, the elements designed by the service provider and integrated into its work. The customer shall refrain from distributing, marketing and, more generally, making available or granting the use of these same products and, more generally, from granting the use of these same elements to third parties without the agreement of the service provider.

15.4 Neither party may mention or use the name, denomination, brands and logos or other designations, whether commercial or not, of the other party without the latter’s prior written agreement. Notwithstanding the foregoing, the service provider may use the customer’s name, trade name, trademarks and logos during the course of the contract insofar as is strictly necessary for the performance of the services, including in proposals for subsequent services. Furthermore, the customer authorises the service provider, once the services have been carried out, to quote its name for reference purposes and to accompany this quote, where appropriate, with a generic description of the services carried out.

Article 16 – Complaints

All claims, whether amicable or legal, relating to the performance of the services must be made within one year of the end of the service. Any delay or advance in the delivery schedule of the products and/or goods shall not be grounds for partial or full non-payment of the invoice amount or refusal of the goods.

Article 17 – Withdrawal period

17.1 As the Customer is a professional purchasing within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for in the Consumer Code.

17. 2 However, if the customer meets the criteria set out in Article L221-3 of the Consumer Code (i.e.: when the contract is concluded off-premises, when it does not fall within the main field of activity of the professional contacted, and when the number of employees employed by the latter is less than or equal to 5), the customer has a cooling-off period of 14 days from the date of conclusion of the contract to exercise his right of withdrawal from the Service Provider and cancel his order, without having to give any reason or pay any penalty, for the purpose of an exchange or refund, unless performance of the services has begun, with the customer’s agreement, before the end of the cooling-off period. If the right of withdrawal is exercised within the aforementioned period, only the price of the services ordered will be reimbursed. The sums actually paid by the customer will be reimbursed within 14 days of receipt by the Provider of notification of the customer’s withdrawal.

Article 18 – Force majeure

Any circumstance beyond the control of the parties, preventing the performance of their obligations under normal conditions, shall be considered as grounds for exoneration from the obligations of the parties and shall result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance. Force majeure” means any irresistible event or circumstance, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable efforts. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers. The parties will meet to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the case of force majeure lasts for more than three months, these general terms and conditions may be terminated by the injured party.

Article 19 – Non-waiver

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these GCS shall not be interpreted for the future as a waiver of the obligation in question.

Article 20 – Information and publicity

20.1 Each party undertakes not to disclose confidential information received from the other party. Confidential information means information of any kind, whether visual or oral, on any medium whatsoever, relating to the structure, organisation, business, various internal policies, projects and personnel of each of the parties. Subject to the exceptions set out below, this obligation of confidentiality will apply for a period of one year following completion of the services. The content of the services as well as the reports, correspondence, information, notes and quotations provided by the service provider during the performance of the services are also confidential. These documents are communicated to the customer for strictly internal use and on condition that they are not disclosed to third parties or appended to any document that the customer may produce. If the customer wishes all or part of these documents to be disclosed to or used by a third party, it must request prior written authorisation from the service provider. The terms and conditions applicable to such disclosure will then be determined.

20.2 Excluded information: the obligations and restrictions set out above do not apply to

confidential information which is in the public domain, or which has been freely acquired prior to the commencement of the service;
is or becomes known other than as a result of a breach of this Article;
is or becomes known from other sources not bound by a restriction on disclosure;
or must be disclosed pursuant to a legal or professional obligation or at the request of any judicial or regulatory authority empowered to require disclosure of confidential information. Subject to its obligations in terms of confidentiality, the service provider reserves the right to perform its services for companies competing with that of the customer.

20.3 Other obligations. The customer acknowledges and accepts

that the parties may, unless the other party expressly requests otherwise, correspond or transfer documents by electronic mail circulating on the Internet network;
that neither party has any control over the capacity, reliability, access or security of such electronic mail;
that the service provider will not be held responsible for any loss, damage, costs or prejudice caused by the loss, delay, interception, diversion or alteration of any electronic mail caused by any event whatsoever. In general, the parties undertake to comply with the regulations applicable to the protection of personal data and in particular the provisions of law 78-17 of 6 January 1978 relating to information technology, files and freedoms.

Article 21 – Protection of personal data

21.1 Collection of personal data. The personal data collected on this Platform is as follows:

account opening: when the user’s account is created, his/her surname, first name, e-mail address and date of birth for natural persons; his/her name, company registration number, registered office address and the surname and first name of his/her legal representative;
connection:when the user connects to the Platform, the latter records, in particular, his/her surname, first name, connection data, usage data and location data.
profile: use of the services provided on the Platform enables a profile to be filled in, which may include an address and telephone number.
Communication: When the Platform is used to communicate with other members, data relating to the user’s communications is stored temporarily.

21.2 Use of personal data. The purpose of the personal data collected from users is to make the Platform’s services available, to improve them and to maintain a secure environment. More specifically, the uses are as follows:

access to and use of the Platform by the user;
management of the operation and optimisation of the Platform; ;
verification, identification and authentication of data transmitted by the user;
providing user assistance;
personalising services by displaying advertisements according to the user’s browsing history and preferences;
prevention and detection of fraud, malware (malicious software) and management of security incidents;
management of any disputes with users;
sending commercial and advertising information, according to the user’s preferences.

20.3 Security and confidentiality:The Platform implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Platform cannot guarantee the security of the transmission or storage of information on the Internet.

21.4 Implementation of users’ rights:Pursuant to the regulations applicable to personal data, users have the following rights:

they may update or delete the data concerning them by logging into their account and configuring the parameters of this account;
they can delete their account by writing to the following e-mail address: “hola@muselab.com“. It should be noted that information shared with other users, such as forum postings, may remain publicly visible on the Platform, even after their account has been deleted;
they may exercise their right of access to their personal data by writing to hola@muselab.com. In this case, before exercising this right, the Platform may request proof of the user’s identity in order to verify its accuracy;
if the personal data held by the Platform is inaccurate, they may request that the information be updated, by writing to the following e-mail address:” hola@muselab.com “;
users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to:” hola@muselab.com “.

21.5 Changes to this clause: The Platform reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this privacy policy, the Platform undertakes to publish the new version on its website. The Platform will also inform users of the change by e-mail at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they may delete their account.

Article 22 – Jurisdiction clause

All disputes to which this contract may give rise, concerning its validity, interpretation, performance, termination, consequences and consequences, shall be submitted to the courts of PARIS (75).

Article 23 – Applicable law – Language of the contract

By express agreement between the parties, these General Terms and Conditions of Sale and the resulting purchase and sale transactions are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

Customer’s signature

Preceded by the words “read and approved – good for agreement”.