Identification
Company name: HTO SAS
Brands: Harry Traiteur
Legal status and share capital: SAS with capital of €30,000
Surname of manager: Nigoghossian
First name of manager: Jean-Marc
Head office: 8 rue des frères Montgolfier
Postcode: 95500
Town: GONESSE
Country: France
Telephone: 0134455747
Fax: 0134538369
Email: contact@harrytraiteur.fr
Website: www.harrytraiteur.fr
Opening hours: By appointment only
Intra-community VAT number: FR34478725724
Siret number: 478 725 724 000 31
APE/NAF code: 5621Z
CNIL number: 1553998
Publishing director: Jean-Marc Nigoghossian
Terms and conditions of sale for online orders
Preamble
The website is the sole property of Harry Traiteur, as are all rights pertaining thereto. Any reproduction, in whole or in part, is systematically subject to the owners’ authorisation. However, hypertext links to the website are permitted without specific requests.
1. Acceptance of terms and conditions
The customer acknowledges having read, at the time of placing the order, the special terms and conditions of sale set out on this screen and expressly declares that they accept them without reservation.
These general terms and conditions of sale govern the contractual relationship between HTO SAS and its customer, both parties accepting them without reservation. These general terms and conditions of sale shall prevail over any other terms and conditions contained in any other document, unless expressly agreed otherwise in writing in advance.
2. Products
The photographs illustrating the products are not contractually binding. If errors are found, Harry Traiteur cannot be held liable under any circumstances. The majority of products offered to customers by Harry Traiteur are available. However, if a product ordered is unavailable, Harry Traiteur undertakes to replace it with a product of at least equivalent quality or of a higher quality.
3. Order
Automatic recording systems are considered proof of the nature, content and date of the order. Harry Traiteur confirms acceptance of the customer’s order to the email address provided by the customer. The sale will only be concluded once the order has been confirmed. Harry Traiteur reserves the right to cancel any order from a customer with whom there is a dispute regarding payment for a previous order. The information provided by the buyer when placing the order is binding: in the event of an error in the recipient’s contact details, the seller cannot be held responsible for any inability to deliver the product.
For obvious hygiene reasons, no goods will be returned or exchanged. In the event of a stock shortage, a product of equivalent quality will be offered.
4. Delivery to PARIS AND THE PARIS REGION: See delivery areas on the Delivery Information page
HTO SAS cannot be held responsible for any delivery delays due to circumstances beyond its control, such as fire, vandalism to vehicles, weather conditions, natural disasters, road or street closures, or any other reason beyond our control.
PLEASE NOTE: Additional delivery charges for ‘long distances’ may apply for certain municipalities located more than 50 km from ARNOUVILLE (95400).
Departments 60, 77 South, 78, 91, 92 and 84 may be served subject to a quote being provided (application of general rates, calculation of delivery charges). Any online order with a delivery address outside departments 75, 77 north, 92, 93, 94, 95 will not be validated as is.
4.1. Delivery times:
After order confirmation, Harry Traiteur undertakes to deliver the products ordered by the buyer within 3 working days (supply, logistics organisation, preparation).
In addition, for deliveries outside mainland France, the customer undertakes to pay all taxes due on the importation of products, customs duties, value added tax, and any other taxes due under the laws of the country receiving the order. All orders placed with Harry Traiteur are intended for the personal use of customers. Customers or recipients of the products are prohibited from reselling all or part of the products. Harry Traiteur disclaims all legal responsibility if the customer fails to pay the taxes.
4.2. Delivery method:
Products are delivered by refrigerated or insulated vehicles, in accordance with current legislation. Vehicles are up to date with Semafroid veterinary service inspections. Delivery is made within the time slot agreed with the customer by handing the product directly to the designated recipient or, in their absence, to another person authorised by the customer. We make every effort to respect delivery schedules but are subject to possible traffic delays or other incidents that may disrupt the delivery schedule. Any delays do not entitle the buyer to claim damages.
Some items may be delivered by La Poste using Colissimo. Deliveries to EEC countries are made by La Poste using Colissimo suivi Europe or Chronopost, depending on the customer’s choice. For deliveries outside the EEC, deliveries are made by international postal services or Chronopost, depending on the customer’s choice.
In the event of apparent defects, the buyer has the right to return the goods under the conditions set out in this document.
War, riots, fire, strikes, accidents and the inability to obtain supplies are considered as cases of force majeure releasing the seller from its obligation to deliver. Goods are always transported at the recipient’s risk. Always check your parcel on arrival. You have 48 hours to make any reservations with the carrier in the event of missing or damaged items.
For reasons of availability, an order may be delivered to the customer in several instalments. The customer will only pay for one delivery. If the customer wishes to have two delivery locations, they must place two orders, with the associated delivery costs.
5. Withdrawal
All orders are considered final once they have been registered.
6. Price
Prices are quoted in euros.
The price indicated on the product sheets does not include transport.
The price indicated in the order confirmation is the final price, including all taxes and VAT for France and EEC countries. This price includes the price of the products, handling, packaging and storage costs, transport costs if the customer chooses home delivery, and the applicable charges according to the current price list.
7. Payment
The price charged to the customer is the price indicated on the order confirmation sent by Harry Traiteur.
The price of the products is payable in cash on the day of the actual order.
Payment is made by credit card bearing the CB logo.
Online Cyberplus Payment allows you to pay via a Banque Populaire Rives de Paris bank server in a secure environment.
Your credit card number is therefore sent to the bank’s servers, and your payment is made directly to Banque Populaire Rives de Paris in a secure environment without going through the shop’s server, which is all the more important as your numbers are known only to Banque Populaire Rives de Paris.
The order validated by the customer will only be considered effective once the relevant bank payment centres have given their approval. In the event of refusal by said centres, the order will be automatically cancelled. Furthermore, Harry Traiteur reserves the right to refuse any order from a customer with whom there is a dispute.
8. Disputes
This contract is subject to French law.
Meal trays are presented in contemporary-style boxes. We provide you with a catalogue of presentations. Meal trays are delivered in boxes equipped with cold diffusers. Upon receipt, they must be stored at a temperature between 2°C and 4°C. They must be consumed within a reasonable period of time. No claims will be accepted in the event of failure to comply with these recommendations. Starters and desserts are delivered on contemporary trays. Hot dishes are ready to be reheated, presented on catering trays or, by agreement, in returnable stainless steel gastronorm containers. Cocktail platters are arranged on contemporary, single–use crystal trays.
Harry Traiteur cannot be held liable for any damage of any kind, whether material, immaterial or physical, that may result from improper storage or misuse of the products sold. Harry Traiteur’s liability shall, in any event, be limited to the amount of the order and shall not be invoked for simple errors or omissions that may have remained despite all the precautions taken in the presentation of the products. In the event of difficulties in the application of this contract, the purchaser has the option, before taking any legal action, to seek an amicable solution, in particular with the help of:
A professional association in the sector, a consumer association or any other advisory body of their choice. It should be noted that seeking an amicable solution does not interrupt the ‘short period’ of the legal warranty or the duration of the contractual warranty. It is hereby reiterated that, as a general rule and subject to the discretion of the courts, compliance with the provisions of this contract relating to the contractual warranty presupposes that the buyer honours their financial commitments to the seller.
Complaints or disputes will always be received with attentive goodwill, as good faith is always presumed in those who take the trouble to explain their situations. In the event of a dispute, the customer shall first contact the company to seek an amicable solution.
Failing this, the Commercial Court of PONTOISE shall have sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
9. Garanty
Prepared and delivered products must be consumed on the same day.
In any case, Harry Traiteur cannot be held liable for non-compliance with the regulatory and legislative provisions in force in the country of receipt. Harry Traiteur’s liability is systematically limited to the value of the product in question, valued on the date of sale, with no possibility of recourse against the brand or the company that manufactured the product.
In any event, the customer benefits from the legal guarantee against eviction and hidden defects (Art. 1625 et seq. of the Civil Code). Provided that the buyer proves the hidden defect, the seller is legally obliged to remedy all the consequences (Art. 1641 et seq. of the Civil Code); if the buyer takes legal action, they must do so within a ‘short period of time’ from the discovery of the hidden defect (Art. 1648 of the Civil Code). You can contact customer service: 5 days a week (Monday to Friday), except public holidays and holiday periods, on tel: 01 34 45 57 47 or by email at contact@harrytraiteur.fr
10. Legal information
The provision of personal information collected for the purposes of distance selling is mandatory, as this information is essential for processing and delivering orders, issuing invoices and guarantee contracts. Failure to provide this information will result in the order not being validated. In accordance with the French Data Protection Act, the processing of personal information relating to customers has been declared to the French Data Protection Authority (CNIL). Customers have the right (Article 34 of the law of 6 January 1978) to access, modify, rectify and delete data concerning them, which they may exercise by contacting Harry Traiteur. Furthermore, Harry Traiteur undertakes not to disclose its customers’ contact details to third parties, either free of charge or in return for payment.
General terms and conditions of sale for services
Article 1: Application of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale apply to the services provided by Harry Traiteur, hereinafter referred to as ‘the caterer’, within the framework of the catering services described in the quote sent to the customer.
These General Terms and Conditions of Sale are sent to the customer at the same time as the quote, to enable them to place their order. Any order therefore implies the customer’s full and unreserved acceptance of these terms and conditions, to the exclusion of any other document such as brochures, commercial documents, etc.
In the event of any contradiction between the provisions of the quotation signed by the customer and those of these General Terms and Conditions of Sale, the provisions of the quotation shall apply exclusively.
Article 2: Reservation
The Customer’s order is definitively registered upon receipt by the caterer of this quote, duly dated and signed by the customer, bearing the customer’s company stamp and the words ‘Bon pour accord’ (Agreed), and accompanied by a deposit of 50% of the total amount of the service.
Article 3: Booking confirmation
Our catering service is strictly linked to the confirmation of the venue hire. Any changes or cancellations to the venue hire contract may affect our catering services and result in changes to these services. We must therefore be notified of any such changes or cancellations as soon as possible. In any event, the caterer cannot be held liable for these changes or cancellations and their consequences. The caterer shall not be liable for any costs incurred, nor for the cancellation or postponement of the event, and shall not be liable for any compensation, damages or interest.
The customer must confirm the quote no later than:
– if the event takes place within 30 days: 10 days after the date of issue of the quote,
– if the event takes place more than 30 days after the date of issue of the quote: at least 20 working days before the date of the reception.
The exact number of guests expected for each service must be communicated in writing to the caterer 7 working days before the start date of the event (excluding Saturdays and Sundays). Failing this, the number of place settings indicated on the quote will be used as the minimum basis for invoicing. It is specified that products not consumed as part of a package cannot give rise to a price reduction.
Article 4: Modification of services
Any request to modify the services provided for in the accepted quote must be made in writing. If the caterer does not accept the request in writing within 8 days of receiving it, the contract shall be deemed to continue under the terms and conditions set out in the quote accepted by the customer.
Article 5: Cancellation
As invoicing is based on the services booked, the customer is asked to pay close attention to the following cancellation conditions:
Cancellations of all or part of the initial order must be sent in writing to the caterer. – If notification is received more than 30 days before the start date of the event, the deposit will be refunded to the customer within 8 days of notification.
– If notification of cancellation is received less than 15 days before the start date of the event, the caterer will retain the deposit paid as compensation.
– In the event of notification of cancellation received less than 8 days before the date of the event, the customer shall pay 90% of the total amount of the service specified in the quote.
– In the event of notification of cancellation received less than 48 hours before the date of the event, the customer shall pay the full amount of the service specified in the quote.
******For ‘air catering’ orders, the cancellation/modification conditions will be as follows:
>12 hours before delivery: no penalties
<12 hours before delivery: 50% of the price
< 6 hours before delivery: 100% of the price
Article 6: Price
Prices are quoted net of tax. Prices confirmed on the quote are valid for one month from the date the quote is sent to the customer. After this period, they are subject to change depending on economic conditions. The applicable prices are then those in force on the day the service is provided.
Prices may be modified in the event of legislative and/or regulatory changes that may lead to price variations, such as: changes in the applicable VAT rate, introduction of new taxes, etc.
Article 7: Overtime
If the time specified in the quote is exceeded, overtime will be charged: During the day from 7:00 a.m. to 10:00 p.m.: at a rate of €45 per hour, excluding VAT, per server present.
At night from 10:00 p.m. to 6:00 a.m.: at a rate of €65 per hour, excluding VAT, per server present.
Article 8: Terms of payment
Upon expiry of the option period (see Article 3), the customer must have signed the commercial contract and paid the confirmation deposit calculated on the basis of the quotation amount, for which they will receive a deposit invoice.
The net amount of this deposit will be deducted from the final invoice (balance), subject to the possible application of cancellation fees.
Unless otherwise specified in the contract, invoices for the balance are issued by the caterer and are payable upon receipt.
In the event of disagreement over part of the invoice, the customer undertakes to pay the uncontested part without delay and to indicate in writing to the caterer the reason for the dispute.
Any additional orders (drinks, etc.) requested by one or more participants shall be submitted to the customer or the event manager present for authorisation, which shall be given by signing our order form. A copy of this form shall be attached to the final invoice.
Any delay in payment shall result in the invoicing of late payment penalties equal to the legal interest rate in force. All costs incurred by the caterer in recovering outstanding debts shall be borne by the customer.
The customer is liable for all damage caused by their representatives (in particular by participants or their guests) and undertakes, in the event of damage to the service equipment provided, to bear the costs of repair and/or replacement.
Article 9: Recommendations
The customer undertakes to invite only persons whose behaviour is not likely, in any way, to cause harm to the Caterer’s staff and equipment serving them.
The Caterer reserves the right to intervene if necessary. The customer may not bring in any drinks or food from outside. The customer undertakes to ensure that participants and their guests comply with all the instructions and regulations of the establishment and the caterer (in particular the ban on smoking in communal areas). The customer shall ensure that participants do not disrupt the caterer’s operations or compromise the safety of the establishment or the people within it.
Article 10: Force majeure
The caterer may be released from its obligations or suspend their performance if it is unable to fulfil them due to the occurrence of an exceptional event or a case of force majeure, including in the event of total or partial destruction of the establishment, strikes, etc.
Article 11: Complaints and disputes
Any disputes or complaints will only be considered if they are made in writing and sent to the caterer within a maximum of 5 days after the end of the event.
In the event of a dispute, and in the absence of an amicable agreement, the competent courts will be those of Pontoise.
Minors: pursuant to Order No. 59-107 of 7 January 1959 and Law No. 74-631 of 5 July 1974, the sale of alcohol to minors under the age of 16 is prohibited. Anyone ordering wine, beer or any form of alcoholic beverage from Harry Traiteur therefore undertakes to be at least 16 years of age on the date of the order. Alcohol abuse is dangerous for your health. Please drink responsibly.
