Terms and Conditions | Terms of Use Gift Cards

I- / Definitions

The terms defined below, beginning with a capital letter, in both plural and singular form, have the following meanings in this document:

Beneficiary: refers to the user of the Gift Card (Experience or Custom).

"Experience" Gift Cards: refers to documents including a card containing the offer, locations, number, validity period, and description allowing the enjoyment of an offer within an establishment. The "Experience" Gift Card is issued digitally or physically.

"Custom" Gift Cards: refers to documents including a card credited with an amount to spend and containing the terms of application, locations, number, and validity period (validity date and initially credited amount are indicated on the support accompanying the card). The "Custom" Gift Card is issued digitally or physically.

Client: refers to the person (natural or legal) who purchases a "Custom" or "Experience" Gift Card, it being understood that the Client may or may not be the Beneficiary of the service depending on whether they will make personal use of the "Experience" and/or "Custom" Card or whether the "Experience" and/or "Custom" Card is intended for the use of another Beneficiary.

In the digital version, you will receive a PDF document that will allow you to print or display the barcode of the "Experience" and/or "Custom" gift card on your smartphone.

"Experience" Gift Cards are available in three offers: "The Saint-Germain-des-Prés Experience," "Three-Course Menu for Two," and "Left Bank Brunch for Two."

Personal Data: refers to all information transmitted by the Client allowing direct or indirect identification of a natural person (surname, first name, email address).

Establishment(s): refers to the location(s) where the service(s) covered by the use of a Gift Card can be delivered. Depending on the gift cards, this may be the Café Restaurant "Les Deux Magots" (6 Place Saint Germain des Prés 75006 Paris), the Hotel "Le Régent" (61 rue Dauphine 75006 Paris), or the "Comptoirs Les Deux Magots" boutique (2 rue de Buci 75006 Paris).

Seller: refers to SAS LDM DEVELOPPEMENT, which offers and sells the Gift Cards, and reserves the right to supplement the list of "Experience" Gift Cards available for sale or to cease their distribution at its sole discretion and at any time.

Service(s): refers to the entire offer provided by the Establishment where the Beneficiary wishes to use the Gift Card they hold, provided that the category of gift cards in question allows access to the desired services.

Points of Sale: refers to the physical points of sale for "Experience" Gift Cards and "Custom" Gift Cards, the list of which is available below:

  • Les Deux Magots, 6 Place Saint-Germain-des-Prés 75006 Paris
  • Comptoirs Les Deux Magots, 2 Rue de Buci 75006 Paris
  • Hôtel Le Régent, 61 Rue Dauphine 75006 Paris

Reservation Service: refers to the mandatory reservation platform allowing access to the services related to the "Experience" Gift Card. It is open from Monday to Friday from 9 am to 5 pm and can be contacted by phone at +33 1 45 48 33 86 or by e-mail: reservation@lesdeuxmagots.fr

 

II- / General Terms and Conditions of Sale and Use (GTCU)

 

The Seller offers "Experience" and "Custom" gift cards at Points of Sale and online (https://comptoirs-lesdeuxmagots.fr), allowing the Client or the Beneficiary holding the Gift Card to access the Services corresponding to the Card chosen by the Client.

The Seller of these Cards is SAS LDM DEVELOPPEMENT, with its registered office at 82 rue Mazarine, 75006, Paris, France, registered in Paris under number 950 809 848.

The Cards are issued and produced by the service provider NUMEN MARKETING.

SAS LDM DEVELOPPEMENT and the Establishment declare that they hold professional civil liability insurance related to the provision of services and possess all authorizations and accreditations allowing them to carry out their activities regularly and in compliance with applicable legal and regulatory provisions.

The Client is invited to carefully read the entirety of these General Terms and Conditions of Sale and Use (GTCU) which define the terms and conditions under which the sale of Gift Cards is carried out. They acknowledge having fully read and unreservedly accepted them before any order for Gift Cards.

ARTICLE 1: APPLICATION AND ENFORCEABILITY

These General Terms and Conditions of Sale apply only to purchases of "Experience" or "Custom" Gift Cards at our Points of Sale or on the Site https://comptoirs-lesdeuxmagots.fr (online store, under construction). They take precedence over all Client purchasing conditions.

SAS LDM DEVELOPPEMENT reserves the right to modify these GTC at any time. In this case, the version of the GTC applicable to an order will be the one in force on the day of the order.

The Client declares that they have the legal capacity in accordance with Article 1145 et seq. of the Civil Code to contract and use the Site in accordance with the General Terms and Conditions of Sale and Use of the Site.

The Client declares that they use the Site in accordance with the General Terms and Conditions of Sale, in their own name and/or in the name and on behalf of any final Beneficiary of the Service to whom they will deliver the acquired Gift Card.

The Client undertakes to provide these conditions (including the terms of use of the Gift Cards) to the Beneficiary of the acquired Gift Card for the use of the Services.

The fact that the Seller or the Establishment does not, at a given moment, invoke the Contract and/or these GTC cannot be interpreted as a waiver of its right to invoke them later.

For an online purchase, the Client must necessarily have a valid and active email address and must ensure proper reception of their emails (including in the "spam" folder). They undertake to regularly consult the content of their email inbox.

When making an online purchase, the Client is responsible for the information they provide when purchasing a Gift Card. The Seller cannot be held responsible for the inability to transmit the purchased Gift Card by email if the Client has provided an incorrect address. Similarly, the Client is responsible for regularly checking their messages to read emails related to their online gift card purchase.

When purchasing a Gift Card online, the Client may provide the Beneficiary's contact details so that the Seller sends the Gift Card by post to the Beneficiary. In this case, the Client is responsible for the contact details they provide, and the Seller cannot be held responsible for the non-receipt of the shipment due to an error in the Beneficiary's contact details.

Any fraudulent use of the Site, or use that contravenes these GTC, would justify refusing access to the Services to the Client or the Beneficiary at any time.

Each Gift Card bears a 19-digit barcode, which serves as proof regarding the information of its validity date and the amount initially credited by the Client at the time of purchase.

Except in cases of fraud, which it would be their responsibility to prove, the Client and the Beneficiary are financially responsible for their actions on the Site, particularly for the use of their username and password. They also guarantee the truthfulness and accuracy of the information they provide on the Site.

ARTICLE 2: FORMATION OF THE CONTRACT AND ONLINE ORDER PLACEMENT PROCESS

The Client can place orders for physical or digital Gift Cards directly:

The order placement procedure on the Site will include the following steps:

  • Selection on the Site of one or more "Experience" and/or "Custom" Gift Cards added to the cart,
  • Following this selection, display of a summary called "cart" showing all choices and the total price of the selected Gift Cards,
  • Creation of a client account to allow client authentication and connection to the account,
  • Display of a cart summary allowing the Client to check the details of their order and thus make any necessary modifications, choose their payment method, save their order, and accept these GTC by a "first click,"
  • Registration of the Client's order after their final validation, i.e., after a "second click" on "Pay now,"
  • Validation of payment by the client via a secure interface. Once payment is validated, the order is final, and an order confirmation email summarizing all elements related to it will be sent to the Client.

ARTICLE 3: CHARACTERISTICS OF THE SERVICES SUBJECT TO "EXPERIENCE" GIFT CARDS AND "CUSTOM" GIFT CARDS

In accordance with Article L 111-1 of the Consumer Code, the Client may, prior to their Order, consult on the Site the essential characteristics of the service(s) they wish to order.

The Client selects one or more Gift Cards from the various Gift Cards offered on the Site and proceeds to purchase them at points of sale or online (site under construction).

ARTICLE 4: CONDITIONS OF USE FOR "EXPERIENCE" GIFT CARDS

Article 4.1: If the Client is not the Beneficiary of the Gift Card, they are invited to inform the Beneficiary of the conditions detailed below.

The Client and the potential Beneficiary are informed that Gift Cards cannot be exchanged, refunded, or subject to financial compensation, whether in their use or in the event of non-use during their validity period.

Article 4.2: To access their "Experience" Service, the Beneficiary must imperatively make a reservation, subject to the establishment's availability, by contacting the Reservation Service, either by phone at: +33 1 45 48 33 86, or by e-mail: reservation@lesdeuxmagots.fr. Reservations can be modified up to 72 hours before the reserved service date; failing this, the service will be charged and debited from the "Experience" card.

Article 4.3: Only the PDF document of the "Experience" Gift Card sent by e-mail or purchased physically at our Points of Sale entitles the holder to a service.

Article 4.4: The "Experience" Gift Card is valid subject to the availability of Les Deux Magots Establishments and/or Hotel Le Régent during the validity period of the Card indicated on the document attached to the card.

Article 4.5: The Client acknowledges that the services of the "Experience" Gift Card do not include transport to the location of the service at the selected establishment, nor the tourist tax which must be paid by the Beneficiary for any accommodation service.

Article 4.6: Details concerning the Services are communicated to the Beneficiary when booking with the Reservation Service. For example, the details of the 3-course menu offered at Les Deux Magots will be communicated on this occasion (dishes and wines varying according to the season and the Chef's choice), and brunch is only offered on weekends and public holidays. Any service and/or consumption outside the menu offered as part of the card is considered an extra and must be paid by the Beneficiary directly to the establishment.

Article 4.7: The Seller and/or the Establishment make their best efforts to describe the Service(s) and provide photographs and illustrations giving the Client an overview of the Services offered in the "Experience" Gift Cards, which may vary according to seasons and food arrivals. These photographs and illustrations are not contractual and cannot under any circumstances constitute an essential element of the contract. These photographs and illustrations are for informational purposes only and may show differences from the Services offered subject to the "Experience" Gift Card (room renovation, seasonal dish on the menu, changing brunch composition, etc.).

Article 4.8: In case of non-use within its validity period, loss, theft, or destruction of the "Experience" Gift Card, the Beneficiary shall not be entitled to any refund or compensation of any kind whatsoever.

Article 4.9: The "Experience" Gift Card is reserved for adult Clients and Beneficiaries (18 years of age or older). The Establishment cannot accept a reservation from an unaccompanied minor (as defined by law). Consequently, the Establishment cannot be held responsible for not performing the agreed Services if, despite this prohibition, an unaccompanied minor presents themselves at an establishment to benefit from the services offered in the "Experience" Gift Card. Such an action would be considered a fault of the Client, exempting the Seller and the Establishment from their liability.

Furthermore, the Client is duly informed that, in accordance with the provisions of Article L-3342-1 of the Public Health Code, the sale of alcoholic beverages to minors under 18 years of age is prohibited.

Article 4.10: A Beneficiary with a disability or incapacity must inform the Establishment and indicate, at the time of reservation, any specific needs arising therefrom. The Establishment will make its best efforts to take appropriate measures, whenever possible.

ARTICLE 5: CONDITIONS OF USE FOR "CUSTOM" GIFT CARDS

Article 5.1: If the Client is not the Beneficiary of the Gift Card, they are invited to inform the Beneficiary of the conditions detailed below.

Article 5.2: The "Custom" Gift Card has a minimum credit amount of €50 and a maximum of €990. It can be purchased in increments of €10 starting from the minimum €50 to be credited. The use of the amount credited to the card is divisible, meaning the Beneficiary can choose to use it in one or more installments and supplement it if necessary with a direct payment to the establishment.

Article 5.3: The "Custom" Gift Card purchased physically at our Points of Sale or the PDF document sent by e-mail entitles the holder to a Gift Card loaded with an amount spendable at the following establishments:

  • Les Deux Magots, 6 Place Saint-Germain-des-Prés 75006 Paris
  • Comptoirs Les Deux Magots, 2 Rue de Buci 75006 Paris
  • Hôtel Le Régent, 61 Rue Dauphine 75006 Paris

Article 5.4: It is not possible to use "Custom" Gift Cards to pay for tips.

Article 5.6: The photographs presented on the "Custom" Gift Card are not contractual. Any partial or full reproduction is prohibited and may lead to legal action.

Article 5.7: The Seller and the Establishment make their best efforts to describe the Service and provide photographs and illustrations giving the Client an overview of the Services offered in the "Custom" Gift Card. These photographs and illustrations are not contractual and cannot under any circumstances constitute an essential element of the contract. These photographs and illustrations are for informational purposes only and may show differences from the Services that will be offered during the Beneficiary's visit (menu evolves according to seasons and food arrivals, etc.).

Article 5.8: In case of non-use within its validity period, loss, theft, or destruction of the "Custom" Gift Card, the Beneficiary shall not be entitled to any refund or compensation of any kind whatsoever.

Article 5.9: The "Custom" Gift Card is reserved for adult Clients/Beneficiaries (18 years of age or older) in accordance with the provisions of Article L-3342-1 of the Public Health Code, as the sale of alcoholic beverages to minors is prohibited. The Establishment cannot accept an unaccompanied minor (as defined by law) presenting a "Custom" gift card to consume the Services offered within one of the Establishments. Such an action would be considered a fault of the Client, exempting the Establishment from its liability.

ARTICLE 6: PRICE AND PAYMENT TERMS

Article 6.1: Price

SAS LDM DEVELOPPEMENT reserves the right to modify its prices at any time, it being specified that the price of "Experience" Gift Cards displayed on the Site is that in effect on the day of the order and shown inclusive of all taxes.

In the event of delivery of Gift Cards to the Beneficiary, at the Client's request, shipping costs may be applied and invoiced in addition to the cost of the services. This amount will be communicated to the Client during the online order or at the point of sale, depending on the destination of the Gift Card shipment.

Article 6.2: Terms and method of payment

Payment for the Gift Card may be made by bank card, or in cash at the Points of Sale only.

The entire amount of the order must be paid on the day of the order or purchase of the Gift Card. SAS LDM DEVELOPPEMENT reserves the right to suspend any order processing and any delivery in the event of non-payment or refusal of online payment authorization by the bank. The Site allows the Customer to transmit their bank details confidentially and securely when ordering (secure entry with SSL encryption).

As part of this procedure, the Seller may be required to suspend the processing of an order and to contact the Customer or Beneficiary to obtain supporting documents necessary to release the order: proof of address, identity, or bank details. These supporting documents must correspond to the delivery and billing details entered during the Order, and, if applicable, to the details of the holder of the payment card used.

For an Order with a delivery address different from the billing address, the Seller may contact both persons mentioned, namely, the person associated with the billing address and the one indicated for the delivery address.

The information obtained in this context may be subject to automated data processing, aimed at defining a level of transaction security and combating credit card fraud.

These supporting documents may be requested by email, post, or telephone. Failure to provide them may result in the cancellation of the order.

ARTICLE 7: TERMS AND CONDITIONS FOR EXERCISING THE STATUTORY RIGHT OF WITHDRAWAL

For gift card orders placed remotely only via the Website https://comptoirs-lesdeuxmagots.fr when the online store becomes available, and in accordance with Article L. 221-18 of the French Consumer Code, the individual Customer will have a period of 14 (fourteen) days from the day of receipt of the "Experience" and/or "Tailor-made" Gift Card containing the ordered products, to exercise their statutory right of withdrawal without having to justify their decision.

This right cannot be exercised if the Service related to the Gift Card is consumed by the Customer or the Beneficiary of the said Card before the expiration of the 14-day period.

In the case of an online purchase on the Site (when the online store is available):

SAS LDM DEVELOPPEMENT will provide the Customer with a withdrawal form accessible on the Site: https://comptoirs-lesdeuxmagots.fr. Similarly, if the Customer intends to give the acquired Gift Card to the Beneficiary before the expiration of the 14-day period, they undertake to complete the waiver of the right of withdrawal form made available on the site.

The Customer must notify the Seller of their clear and unambiguous decision to withdraw from their purchase.

They must imperatively communicate the following information:

  • Their first and last names;
  • The order number;
  • The name of the "Experience" Gift Card concerned or specify that it concerns the "Tailor-made" Gift Card;
  • The number of the "Experience" Gift Card and/or the "Tailor-made" Gift Card

The withdrawal or waiver of the right of withdrawal form must be sent to the Reservation Department by e-mail: reservation@lesdeuxmagots.fr or by post to the address below:

Gift Card Service
SAS LES DEUX MAGOTS
6 Place Saint-Germain-des-Prés
75006 Paris

Once the withdrawal request is received by the Seller, the Seller will send the Customer an acknowledgment of receipt of their withdrawal by any means and will proceed with the reimbursement of the Gift Card(s) within 14 days to the bank card used for the online purchase.

After the Customer exercises their right of withdrawal, the "Experience" and/or "Tailor-made" Gift Card(s) can no longer be used by the Beneficiary.

The return by post of the Gift Card(s) that have been withdrawn by the individual Customer is at the exclusive expense of the said Customer (by registered post with "tracking" option or by recommended post).

"Experience" and/or "Tailor-made" Gift Cards purchased online cannot be refunded at our Points of Sale. Failure to follow the Seller's instructions for exercising the right of withdrawal will make it impossible to implement the subsequent refund. Consequently, the individual Customer is informed of the importance of respecting each step of the exercise of their right of withdrawal.

In the case of a purchase at our Points of Sale:

The Customer does not benefit from a right of withdrawal, which is only applicable to distance sales.

ARTICLE 8: PROOF OF ORDERS/ARCHIVING

The Customer is expressly informed that, unless there is a manifest error that they must prove, the data stored in the databases of SAS LDM DEVELOPPEMENT constitutes probative evidence regarding orders placed.

Data stored regularly on computer or electronic media constitutes admissible and enforceable proof under the same terms and with the same probative force as any document that would be received and kept in writing.

ARTICLE 9: DELIVERY

Article 9.1: Availability of "Experience" and "Tailor-made" Gift Cards

"Experience" and "Tailor-made" Gift Cards offered by SAS LDM DEVELOPPEMENT are products issued in limited quantities, partly due to limited reception capacities and partly due to the limited validity period of these services.

In case of temporary or permanent stock outage, the Customer will be informed by the Establishment of this unavailability and the order cannot be completed.

In case of product availability, SAS LDM DEVELOPPEMENT will do its utmost to fulfill any Gift Card order from the Customer.

Article 9.2: Shipping/postage costs, place and delivery time if the Customer purchases a physical Gift Card on the Site

The zones/countries to which the Seller can deliver Gift Cards are available on request.

An "Experience" and/or "Tailor-made" Gift Card purchased on the Site is sent to a Beneficiary in digital or postal format. The digital dispatch allows the Beneficiary to receive a PDF format that they can download. The Beneficiary can then print it or have it on their phone to present it at the establishment's reception for the provision of the service.

ARTICLE 10: NON-CONFORMITY

The Customer or the Beneficiary must immediately report any deterioration or problem that occurred during the shipment/delivery of the Gift Card, following an online purchase.

Any delivered Gift Card must be carefully checked by the Customer or the Beneficiary.

ARTICLE 11: LIABILITY

In the context of online sales, SAS LDM DEVELOPPEMENT is bound only by an obligation of means. SAS LDM DEVELOPPEMENT cannot be held responsible for damages of any kind, whether material or immaterial, that may result from improper use of identifiers or the order placement procedure. SAS LDM DEVELOPPEMENT's liability cannot be engaged for any risk inherent to the use of the Internet network such as data loss, intrusion, viruses, service interruption, or any other similar risk.

ARTICLE 12: CUSTOMER SERVICE-COMPLAINTS

Any request for information or complaint by the Customer must be addressed to the Seller:

  • Either by phone at +33 1 45 48 33 86
  • Or by e-mail at: reservation@lesdeuxmagots.fr

ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS

The brand of the Establishment as well as all figurative or non-figurative trademarks and more generally all other trademarks, illustrations, images, and logos appearing on the "Experience" and/or "Tailor-made" Gift Cards, their accessories, and their packaging, whether registered or not, are and shall remain the exclusive property of the Seller and/or the Establishment.

Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, and logos, for any reason whatsoever and on any medium whatsoever, without the express prior agreement of the Establishment, is strictly prohibited and may lead to legal action by the latter.

The same applies to any combination or conjunction with any other trademark, symbol, logo, and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models, and patents that are the property of the Seller or the Establishment.

ARTICLE 14 – CONFIDENTIALITY OF PERSONAL DATA

All personal data collected by SAS LDM DEVELOPPEMENT, by whatever means, is for the exclusive use of the Establishment.

In accordance with Article 34 of Law 78-17 "Informatique et Libertés" of January 6, 1978, as amended, and the General Data Protection Regulation (EU Regulation 2016/679) or "GDPR", the Customer has the right to access, modify, rectify, and delete data concerning them.

To exercise their rights, the Customer can contact the Establishment by e-mail at the following address: contact@lesdeuxmagots.fr. To obtain more information regarding the collection and processing of personal data carried out by the Seller, the Customer can consult the Personal Data Confidentiality Policy on our Website https://comptoirs-lesdeuxmagots.fr, by referring to the section "In accordance with the GDPR law".

ARTICLE 15 – ACCIDENTAL EVENT – FORCE MAJEURE

The performance by the Establishment of its obligations under these GTC will be suspended in the event of an accidental event or force majeure in accordance with Articles 1218 and 1351 of the Civil Code which would hinder or delay its performance.

ARTICLE 16: NULLITY

If any of the stipulations of these GTC should prove to be null and void with regard to a current legal rule or a final judicial decision, it would then be deemed unwritten, without however leading to the nullity of these GTC, nor altering the validity of its other provisions.

ARTICLE 17: APPLICABLE LAW

The applicable law is French law for all disputes relating, in particular, to the validity, interpretation, execution, or termination of these GTC and related contracts.

ARTICLE 18: COMPETENT JURISDICTION (DISPUTE RESOLUTION)

In application of Law No. 2016-301, the Beneficiary may, if they wish and without it being mandatory, have recourse to the consumer mediator concerning consumer disputes.

The Customer also has the possibility of contacting a mediation body, the Hotel to the Tourism and Travel Mediator.

Before contacting them, the Customer must write to the Establishment concerned by registered mail with acknowledgment of receipt.

To contact the mediation body, the Customer must fill out a complaint form available on the website http://www.mtv.travel/ and follow the steps indicated on the site.

The competent court will be the Economic Activities Court of Paris in the event of a dispute between merchants and similar persons (companies, branches, etc.) and will be that of the defendant's domicile in the event of a dispute with a consumer or, at the claimant's choice, the place of effective delivery of the Gift Card in other cases.