The present General Terms and Conditions of Sale describe:
- the Click&Collect service enabling online ordering of products available in the El Callejon restaurant accessible via the www.elcallejon.en
These General Terms and Conditions of Sale (hereinafter the "GTCS") apply to any order (hereinafter the "Order") for one or more products (hereinafter the "Product(s)") placed by the purchaser (hereinafter the "Customer") on the merchant site www.elcallejon.fr (hereinafter the "Site") with the restaurant's takeaway store (hereinafter the "Seller", the "Shop").

Click&Collect on the Site is reserved for Customers who are at least 13 years old on the date the order is placed.
These GTC shall prevail over any other general or special conditions not expressly approved by the Vendor.
The Vendor reserves the right to modify the GTC at any time. In all cases, the applicable GCS will be those appearing on the Site at the date of the Order by the Customer.

Definitions
In these GCS, the following words or expressions shall have the following meanings:
- The terms "Vendor" and "El Callejon" refer to the operating company, SAS EGREGORE, selected by the Customer and with whom the order will be registered and whose contact details will be indicated on the e-mail confirming the order and on the receipt issued in the participating Restaurant when the Products are collected.
- The term "Order" refers to the online ordering service for products available in the El Callejon Shop. The Customer pays for his order online. The order can be collected from the restaurant.

1 - Acceptance of the GTC
The Customer declares that he/she has read and accepted these GTC before placing an Order. By placing an Order for a Product on the Site, the Customer acknowledges acceptance of these General Terms and Conditions of Sale.

2 - The Products
The products offered by the Shop and chosen by the Customer are those appearing in the catalog published on the Site on the day of the Order, subject to availability. It is recommended that products be consumed as soon as they are collected from the Restaurant, and never frozen.
Products offered for sale may be modified or withdrawn by the Vendor without prior notice. The photographs and illustrations presented online are not contractual.

3 - Information required to place an order
To place an order, customers must enter their valid e-mail address on the Site, which will enable them to receive a history of their Orders.
It is the customer's responsibility to keep this information strictly confidential and not to communicate it to third parties, in order to avoid any possible misuse. The Vendor cannot be held responsible for any use of the customer's e-mail account by a third party who may have had access to personal information in any way whatsoever.
When providing information for placing an Order, the Customer will be asked to provide certain mandatory data, in particular his/her surname, first name, date of birth, cell phone number and e-mail address.

4 - Click&Collect
To place an order online and collect it from a restaurant, the Customer must :

- Go to www.elcallejon.fr
- Enter a valid e-mail address
- Place an Order by selecting the Products,
- Confirm the Order after checking the Order summary,
- Accept the General Terms and Conditions,
- Pay for the Order online
- Go to the Restaurant with the Vendor's Order number to collect the Order, and show proof of identity to verify the Customer's identity if necessary.
The Vendor then sends the Customer confirmation of the Order recorded on the Site by e-mail, together with an Order number.
The provision of the credit card number online, the final validation of the Order and the express acceptance by the Customer of these GTS imply the acknowledgement of full knowledge thereof and the waiver of the Customer's right to invoke its own terms and conditions of purchase or any other terms and conditions.
The Customer must collect its Order at the time indicated at the time of validation on the Site and before the restaurant's closing time.
It is therefore the Customer's responsibility to check the restaurant's closing time.
The opening times of the online ordering service and the Restaurant where the Customer wishes to collect his/her Order are available on the Site.
It is specified that the Order will only be prepared once the Customer's order has been paid for on the Site, and that a minimum of 30 minutes is required for its preparation.

5 - Proof of order

The online provision of the credit card number, the final validation of the Order and the presentation of the proof of identity shall constitute proof of the completeness of the said Order and shall constitute payment of the sums incurred by the Order.
The Vendor shall archive order forms and invoices on a reliable and durable medium, constituting a faithful copy in accordance with the provisions of article 1360 of the French Civil Code.

The Vendor's computerized records will be considered by the Vendor and the Customer as proof of communications, orders, payments and transactions between the parties.

6 - Cancellation and modification of a Click&Collect Order

In accordance with the provisions of article L121-20-2 3° of the French Consumer Code, the right of withdrawal applicable to distance selling may not be exercised in the case of the supply of goods which, due to their nature, are likely to deteriorate or expire rapidly.
In application of this text, it is expressly stated that all Orders placed on the Site are firm and final, and that the right of withdrawal cannot be exercised.
Orders that have been definitively validated, paid for and withdrawn cannot be cancelled. No goods may be taken back or exchanged.

7 - Withdrawal of Products

Products can only be collected from the time the restaurant is open and from the time indicated when the order was placed, and before closing time.
Click&Collect service opening times and restaurant opening times are available on the Site.
Customers must collect their Products using the Order number given on the order confirmation e-mail and a form of identification.
Customers may only collect Products with at least their Order number.
The Vendor will provide the Customer with a receipt.
If the Customer fails to collect an Order, the Products ordered will not be delivered and the Customer will be invoiced for the price of the Order. Please note that no delivery will be made by the Vendor.

8 - Complaints

8.1. - Any question or claim concerning the Products collected must be made within a maximum of forty-eight (48) hours after collection of said Products, to the Vendor, by post, at the address shown on the receipt and on the confirmation e-mail sent at the time of any Order. Once this period has elapsed, no questions or complaints can be taken into account.
8.2. - Any questions or complaints concerning the operation of the Site should be sent by post to the following address: 5 rue Monhaut - 64200 BIARRITZ.

9 - Prices
The prices shown on the Site's Order pages include VAT (all taxes included) in euros and take into account the VAT applicable on the day of the Order.
The Vendor reserves the right to modify its prices at any time, it being understood, however, that the price shown in the catalog on the day of the Order will be the only applicable price.

10 - Order payment terms

Orders placed on the Site are payable using the means of payment offered by the selected restaurant (credit cards, etc.).
The Vendor guarantees that the confidential nature of credit card numbers will be preserved by means of protection and encryption procedures.

11 - Liability

In the online sales process, the Vendor is bound only by an obligation of means. The Vendor cannot be held responsible for damages of any kind, whether material or immaterial, which may result from improper use of the site or the ordering process. The Vendor may not be held liable for any risk inherent in the use of the Internet, such as loss of data, intrusion, virus, service interruption or any other similar risk.

12 - PROTECTION OF PERSONAL DATA

Personal data collected on the Site are subject to the personal data protection policy. To find out more about personal data protection, click here.

13 - Minors

In accordance with the provisions of article L3342-1 of the French Public Health Code, amended by law no. 2009-879 of July 21, 2009, the sale of alcohol to minors under the age of eighteen (18) is prohibited. Consequently, the purchase of any alcohol-based product during the Order process is strictly forbidden to minors under the age of eighteen (18). In case of doubt, the Customer may be asked to show proof of identity when picking up his or her Order in the Restaurant.

14 - Settlement of disputes and applicable law

These GCS are governed by French law. In the event of a dispute, the matter shall be referred to the competent court.
In the event of a dispute, the Customer may first contact the Vendor in order to seek an amicable solution.
The Customer has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute with the Vendor concerning the performance of the present contract, in accordance with the provisions of the French Consumer Code.

The Buyer, if he wishes to have recourse to mediation, must justify having first attempted to resolve his dispute directly with the Seller by means of a written complaint in accordance with the procedures set out in article 2 of the GCS.