The present General Conditions of Sale describe:
- the service of Click&Collect allowing the on-line order of products available in the restaurant El Callejon accessible via the site www.elcallejon.en
The present General Conditions of Sale (hereinafter the "GCS") apply to any order (hereinafter the "Order") of 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 take-away store (hereinafter the "Seller", the "Shop").

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

Definitions
In the present GCS, the following words or expressions will have the following meanings:
- The terms "Seller" and "El Callejon" designate the operating company, SAS EGREGORE, selected by the Client and with which the order will be registered and whose coordinates will be indicated in the e-mail confirming the order and on the receipt delivered in the participating Restaurant during the withdrawal of the Products.
- The term "Order" designates the service of online order of products available in the El Callejon Shop. The Customer makes the payment of his order online. He can withdraw his order in the restaurant.

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

2 - The Products
The products offered by the Shop and chosen by the Customer are those which appear in the catalog published on the Site on the day of the Order, subject to availability. It is recommended to consume the products quickly from the moment they are collected from the Restaurant and never to freeze them.
The products presented for sale are subject to change or withdrawal by the Seller without notice. The photographs and illustrations presented online are not contractual.

3 - Information required to place an order
In order to place an order, the Customer must enter his/her valid e-mail address on the Web Site.
It is the Customer's responsibility to ensure that this information is kept strictly confidential and is not passed on to any third party. The Salesman shall not be held responsible for any use of the Customer's e-mail address by a third party who may have had access to personal information in any way whatsoever.
When filling out the order form, the Customer will be asked to provide certain mandatory information, notably his or her full name, date of birth, cell phone number and e-mail address.

4 - Click&Collect
To order online and pick up his Order in a Restaurant, the Customer must :

- Go to www.elcallejon.fr
- Enter a valid e-mail address
- Place the Order by selecting the Products,
- Confirm the Order after checking the Sales Order summary,
- Accept the General Terms and Conditions,
- Pay for the Order online
- Go to the Salesman's Showroom to pick up the Sales Order and show proof of identity to verify the Customer's identity if necessary.
The Vendor shall then send the Customer a confirmation of the Order recorded on the Web Site by e-mail 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 GTC shall imply the acknowledgement of having full knowledge of them and the waiver of the Customer's own terms and conditions of purchase or of any other terms and conditions.
The Customer shall be responsible for collecting the Order at the time indicated on the Web site when the Order is validated and before the restaurant closes.
It is the Customer's responsibility to check the restaurant's closing time.
The opening hours of the online ordering service and the opening hours of the restaurant where the Customer wishes to pick up his or her Order are available on the Web site.
It is specified that the Order will be prepared only upon receipt of the Customer's order after payment on the Web site, and that a minimum of 30 minutes is required for its preparation.

5 - Proof of the Order

The online provision of the credit card number, the final validation of the Order and the presentation of the identity document shall constitute proof of the completeness of the said Order and shall be deemed to constitute payment of the sums involved in the Order.
The Vendor shall archive the 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 computerized records of the Seller shall be considered by the Seller and the Customer as proof of communications, orders, payments and transactions between the parties.

6 - Cancellation and modification of a Click&Collect Order

According to 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, by their nature, are likely to deteriorate or expire rapidly.
In application of this text, it is expressly stated that any Order placed on the Site is firm and final and that the exercise of the right of withdrawal is excluded.
Orders that have been definitively validated, paid for and withdrawn are not cancellable. No goods can be returned or exchanged.

7 - Withdrawal of the Products

The Products can only be collected from the opening time of the Restaurant and the time indicated when the order was placed and before closing time.
The Click&Collect service timetable as well as the opening time of the Restaurant are available on the Site.
The Customer shall pick up the Products using the Order number that appears on the order confirmation e-mail and a piece of identification.
The Customer shall only be able to pick up the Products with at least his or her Order number.
The Vendor shall provide the Customer with a receipt.
If the Customer fails to pick up an Order, the Products ordered shall not be delivered and the price of the Order shall be charged to the Customer. It is reminded that no delivery will be made by the Seller.

8 - Complaints

8.1. - Any question or claim concerning the Products collected must be made within a maximum of forty-eight (48) hours after the collection of the said Products, to the Seller, by mail, at the address appearing on the sales receipt and on the confirmation e-mail sent at the time of any Order. After this period, no questions or claims shall be taken into account.
8.2. - Any question or claim on the functioning of the Site must be made by mail to the following address: 5 rue Monhaut - 64200 BIARRITZ.

9 - Prices
The prices appearing on the Order pages of the Web Site are inclusive of VAT (all taxes included) in euros, taking 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 appearing in the catalog on the day of the Order shall be the only applicable price.

10 - Terms of payment for the Order

Orders placed on the Site shall be paid for using the means of payment offered by the selected restaurant (credit cards, etc.).
The Vendor guarantees the preservation of the confidentiality of credit card numbers through protection and encryption procedures.

11 - Responsibility

The Seller, in the process of selling online, is only bound by an obligation of means. The Seller cannot be held responsible for damages of any kind, whether material or immaterial, which could result from improper use or from the ordering process. The responsibility of the Seller cannot be engaged for a risk inherent to the use of the Internet network such as loss of data, intrusion, virus, rupture of service or any other similar risk.

12 - PROTECTION OF PERSONAL DATA

The personal data collected on the Site are subject to the personal data protection policy. To learn more about the protection of personal data, click here.

13 - Minors

In accordance with the provisions of Article L3342-1 of the French Public Health Code as 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, is formally prohibited to minors under eighteen (18) years. 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 - Dispute Resolution and Applicable Law

The present GTC are subject to French law. In the event of a dispute, the dispute shall be submitted to the competent court.
In the event of a dispute, the Customer may first contact the Seller to seek an amicable solution.
The Buyer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of any dispute concerning the execution of the present contract which would oppose him to the Seller, under the conditions provided for in the provisions of the Consumer Code.

The Buyer, if he wishes to have recourse to mediation, must justify having tried, beforehand, to resolve his dispute directly with the Seller by a written complaint according to the modalities provided for in article 2 of the GCS.