Terms and Conditions | Terms of Use Gift Cards

I- / Definitions

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

Beneficiary : refers to the person using the Gift Card (Experience or tailor-made).

"Experience" Gift Cards : These are documents, including a card with the offer details, locations, number, validity period, and description, allowing the holder to redeem an offer at a specific establishment. The "Experience" Gift Card is issued digitally or physically.

"Custom-made" gift cards This refers to documents including a card pre-loaded with a spending amount and containing the terms and conditions, locations, card number, and validity period (the expiry date and initial credited amount are indicated on the card accompanying the card). The "Tailor-Made" gift card is issued digitally or physically.

Client : refers to the person (natural or legal) who buys a "Tailor-made" or "Experience" Gift Card, it being understood that the Client may or may not be the Beneficiary of the service depending on whether he will make personal use of the "Experience" and/or "Tailor-made" Card or whether the "Experience" and/or "Tailor-made" 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 present the barcode of the "Experience" and/or "Tailor-made" gift card on your smartphone.

The "Experience" Gift Cards come 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 the direct or indirect identification of a natural person (name, surname, email address).

Establishment(s) : refers to the location(s) where the service(s) covered by the use of a Gift Card can be provided. Depending on the Gift Card, 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 boutique "Comptoirs Les Deux Magots" (2 rue de Buci 75006 Paris).

Seller : refers to SAS LDM DEVELOPPEMENT which offers and sells the Gift Cards, and which 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 range of services provided by the establishment in which the Beneficiary wishes to use the Gift Card he/she holds, provided that the category of gift cards in question allows access to the desired services.

Site : refers to the website https://comptoirs-lesdeuxmagots.fr (under construction)

Points of Sale : refers to the physical locations where "Experience" Gift Cards and "Tailor-Made" Gift Cards are sold, a list of which is available below:

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

Booking Service : refers to the mandatory booking platform for accessing services related to the "Experience" Gift Card. It is open Monday to Friday from 9:00 AM to 5:00 PM and can be contacted by phone at +33 1 45 48 33 86 or by email: reservation@lesdeuxmagots.fr

II- / General terms and conditions of sale and use (GTC)

 

The Seller offers in Points of Sale and soon online ( https://comptoirs-lesdeuxmagots.fr ) "Experience" and "Tailor-made" gift cards allowing the Customer or the Beneficiary holding the Gift Card to access the Services corresponding to the Card chosen by the Customer.

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

The maps are published and produced by the service provider NUMEN MARKETING.

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

The Customer is advised to carefully read these General Terms and Conditions of Sale and Use (GTC), which define the terms and conditions under which Gift Cards are sold. The Customer acknowledges having read and fully understands and accepts them without reservation before placing any order for Gift Cards.

ARTICLE 1: APPLICATION AND ENFORCEABILITY

These General Terms and Conditions of Sale apply only to purchases of "Experience" or "Tailor-Made" Gift Cards in our Stores or on the website https://comptoirs-lesdeuxmagots.fr (online store, under construction). They take precedence over any terms and conditions of purchase of the Customer.

LDM DEVELOPPEMENT SAS reserves the right to modify these Terms and Conditions at any time. In this case, the version of the Terms and Conditions applicable to an order will be the one in effect on the date 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 Customer declares that they are using 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 give the acquired Gift Card.

The Client agrees to provide these terms and conditions (including the terms of use of Gift Cards) to the Recipient of the Gift Card acquired in order to use the Services.

The fact that the Seller or the Establishment does not invoke the Contract and/or these General Terms and Conditions at a given time cannot be interpreted as a waiver of the right to invoke them subsequently.

For online purchases, the Customer must have a valid and active email address and must ensure they receive all emails (including those in the "spam" folder). They agree to regularly check their email inbox.

When making an online purchase, the Customer is responsible for the information they provide when purchasing a Gift Card. The Seller cannot be held responsible for the inability to deliver the purchased Gift Card by email if the Customer provided an incorrect email address. Similarly, the Customer is responsible for regularly checking their email to receive emails related to their online Gift Card purchase.

When purchasing a Gift Card online, the Customer can provide the Recipient's contact information so that the Seller can mail the Gift Card to the Recipient. In this case, the Customer is responsible for the accuracy of the contact information they provide, and the Seller cannot be held liable for non-receipt of the card due to an error in the Recipient's contact information.

Any use of the Site that is fraudulent, or that violates these Terms and Conditions, would justify denying the Client or the Beneficiary access to the Services at any time.

Each Gift Card is marked with a 19-digit barcode, which serves as proof of its validity date and the amount initially credited to the Customer at the time of purchase.

Except in cases of fraud, which would require proof, the Client and the Beneficiary are financially responsible for their actions on the Site, including 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 ORDERING PROCESS

Upon activation of the service on the website, the Customer will be able to 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 "Tailor-made" Gift Cards added to the basket,
  • Following this selection, a summary called a "shopping cart" is displayed, listing all the choices and the total price of the selected Gift Cards.
  • Creation of the customer account to allow customer authentication and account login,
  • Display of a shopping cart summary allowing the Customer to check the details of their order and thus make any changes they deem necessary, choose their payment method, save their order and accept these Terms and Conditions by a "first click",
  • Registration of the Customer's order after its final validation, i.e., after a "second click" on "Pay now",
  • The customer validates their payment via a secure interface. Once the payment is validated, the order is final and an order confirmation email summarizing all the details will be sent to the customer.

ARTICLE 3: CHARACTERISTICS OF THE SERVICES COVERED BY THE "EXPERIENCE" AND "CUSTOM-MADE" GIFT CARDS

In accordance with Article L 111-1 of the Consumer Code, the Customer may, prior to placing his Order, review on the Site the essential characteristics of the service(s) he/she wishes to order.

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

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

Article 4.1: In the event that the Client is not the Beneficiary of the Gift Card, he is invited to inform the Beneficiary of the conditions detailed below.

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

Article 4.2: To access the "Experience" service, the Beneficiary must make a reservation, subject to availability, by contacting the Reservations Department either by telephone at +33 1 45 48 33 86 or by email at reservation@lesdeuxmagots.fr. Reservations can be modified up to 72 hours before the reserved service date; otherwise, 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 email or purchased physically in our Points of Sale entitles the holder to a service.

Article 4.4: The "Experience" Gift Card is valid subject to the availability of the Les Deux Magots establishments and/or the 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 regarding the Services are provided to the Guest at the time of booking with the Reservation Service. For example, the details of the three-course menu offered at Les Deux Magots will be provided at that time (the dishes and wines vary according to the season and the Chef's selection), and brunch is only offered on weekends and public holidays. Any service and/or consumption outside of the menu offered is considered an extra and must be paid for by the Guest directly to the establishment.

Article 4.7: The Seller and/or the Establishment will make their best efforts to describe the Service(s) and provide photographs and illustrations giving the Customer an overview of the Services offered with the "Experience" Gift Cards, which may vary depending on the season and the availability of ingredients. These photographs and illustrations are not contractual and shall in no way constitute an essential element of the contract. These photographs and illustrations are for informational purposes only and may differ from the Services offered with the "Experience" Gift Card (room renovation, seasonal à la carte dish, changing brunch menu, etc.).

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

Article 4.9: The "Experience" Gift Card is reserved for Clients and Beneficiaries who are of legal age (18 years or older). The Establishment cannot accept a reservation from a minor unaccompanied by an adult (as defined by law). Consequently, the Establishment cannot be held responsible for failing to provide the agreed-upon Services if, despite this prohibition, an unaccompanied minor presents themselves at the establishment to benefit from the services offered with the "Experience" Gift Card. Such an action will be considered a fault on the part of the Client, releasing the Seller and the Establishment from liability.

The Customer is further 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 any resulting specific needs at the time of booking. The Establishment will make its best efforts to take appropriate measures whenever possible.

ARTICLE 5: CONDITIONS OF USE OF "CUSTOM-MADE" GIFT CARDS

Article 5.1: In the event that the Client is not the Beneficiary of the Gift Card, he is invited to inform the Beneficiary of the conditions detailed below.

Article 5.2: The "Tailor-Made" Gift Card has a minimum load of €50 and a maximum of €990. It can be purchased in increments of €10, starting from the minimum load of €50. The credited amount on the card can be used in installments; the Recipient can choose to use it all at once or in several installments and supplement it, if necessary, with a direct payment to the establishment.

Article 5.3: The "Tailor-made" Gift Card purchased physically in our Points of Sale or the PDF document sent by email entitles the holder to a Gift Card loaded with an amount that can be spent in the following establishments:

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

As well as on the Site: https://comptoirs-lesdeuxmagots.fr (store under construction) when the service is available there.

Article 5.4: It is not possible to use "Custom-made" Gift Cards as payment:

  • Tips

Article 5.6: The photographs shown on the "Made-to-measure" Gift Card are not contractual. Any reproduction, in whole or in part, is prohibited and may result in legal action.

Article 5.7: The Seller and the Establishment will make every effort to describe the Service and provide photographs and illustrations giving the Client an overview of the Services offered with the "Tailor-Made" Gift Card. These photographs and illustrations are not contractual and shall in no way constitute an essential element of the contract. These photographs and illustrations are for informational purposes only and may differ from the Services that will be offered during the Recipient's visit (the menu changes according to the seasons and the availability of ingredients, etc.).

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

Article 5.9: The "Tailor-Made" Gift Card is reserved for Clients/Beneficiaries who are of legal age (18 years or older) in accordance with the provisions of Article L-3342-1 of the French Public Health Code, as the sale of alcoholic beverages to minors is prohibited. The Establishment cannot accept a minor unaccompanied by an adult (as defined by law) presenting a "Tailor-Made" Gift Card to consume the Services offered within one of its Establishments. Such an action would be considered a breach of contract by the Client, releasing the Establishment from 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 the "Experience" Gift Cards displayed on the Site is that in effect on the day of the order and displayed inclusive of tax.

If the Gift Card is delivered to the Recipient at the Customer's request, shipping costs may be applied and charged in addition to the cost of the services. This amount will be communicated to the Customer during the online order or in-store purchase, depending on the Gift Card's delivery location.

Article 6.2: Terms and method of payment

The Gift Card can be paid for by bank card, or in cash at Points of Sale only.

The full amount of the order must be paid on the day the order is placed or the Gift Card is purchased. LDM DEVELOPPEMENT SAS reserves the right to suspend order processing and delivery in the event of non-payment or refusal of online payment authorization. The Website allows the Customer to transmit their bank details confidentially and securely when placing an order (secure entry via SSL encryption).

As part of this procedure, the Seller may suspend the processing of an order and contact the Customer or the Recipient to obtain the necessary documentation to release the order: proof of address, identity, or bank details. This documentation must match the delivery and billing information entered when the order was placed, as well as, if applicable, the details of the cardholder of the payment card used.

For an Order which has a delivery address different from the billing address, the Seller may have to 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, with the aim of defining a level of security for transactions and combating credit card fraud.

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

ARTICLE 7: PROCEDURES FOR EXERCISING THE LEGAL RIGHT OF WITHDRAWAL

For gift card orders placed remotely only via the Website https://comptoirs-lesdeuxmagots.fr When the online store is 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 "Made to measure" Gift Card containing the products ordered, to exercise his legal right of withdrawal without having to justify his decision.

This exercise cannot be implemented if the Service linked to the Gift Card is consumed by the Client or the Beneficiary of said Card before the expiry of the 14-day period.

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

LDM DEVELOPPEMENT SAS will provide the Customer with a withdrawal form accessible on the Website: https://comptoirs-lesdeuxmagots.fr . Similarly, if the Customer intends to give the purchased Gift Card to the Recipient before the expiry of the 14-day period, they agree to complete the withdrawal waiver form available on the website.

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

He must provide the following information:

  • His full name(s);
  • 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 cancellation or withdrawal waiver form must be sent to the Booking Service by email: reservation@lesdeuxmagots.fr or by mail to the address below:

Gift Card Service
SAS Les Deux Magots
6 Place Saint-Germain-des-Prés
75006 Paris

Once the Seller receives the cancellation request, they will send the Customer an acknowledgement of receipt of their cancellation by any means and will refund the Gift Card(s) within 14 days to the bank card used for the online purchase.

After the Client has exercised 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) which have been withdrawn by the individual Customer is at the exclusive expense of said Customer (by post with "tracking" option or by registered post).

"Experience" and/or "Customized" 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 prevent the subsequent refund from being processed. Therefore, individual customers are advised of the importance of adhering to each step of the withdrawal process.

In the case of a purchase at our points of sale:

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

ARTICLE 8: PROOF OF ORDERS/ARCHIVING

The Client is expressly informed that, except in the case of a manifest error which he must prove, the data stored in the databases of SAS LDM DEVELOPPEMENT shall have probative value with regard to orders placed.

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

ARTICLE 9: DELIVERY

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

The "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 the event of a temporary or permanent stock shortage, the Customer will be informed by the Establishment of this unavailability and the order cannot be completed.

Subject to product availability, SAS LDM DEVELOPPEMENT will do its best to fulfill any order for Gift Cards from the Customer.

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

The areas/countries to which the Seller can deliver Gift Cards are available upon request.

An "Experience" and/or "Customized" Gift Card purchased on the Site is sent to the Recipient either digitally or by mail. The digital delivery provides a downloadable PDF file for the Recipient to print or save on their phone to present at the establishment's reception desk to redeem the service.

ARTICLE 10: NON-CONFORMITY

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

Every gift card delivered must be carefully checked by the customer or the recipient.

ARTICLE 11: LIABILITY

In the context of online sales, LDM DEVELOPPEMENT SAS is only bound by an obligation of means. LDM DEVELOPPEMENT SAS cannot be held liable for damages of any kind, whether tangible or intangible, that may result from misuse of login credentials or the order placement procedure. LDM DEVELOPPEMENT SAS cannot be held liable for any risk inherent in the use of the Internet, such as data loss, intrusion, viruses, service interruptions, or any other similar risk.

ARTICLE 12: CUSTOMER SERVICE-CLAIM

All requests for information or complaints by the Customer must be addressed to the Seller:

  • Either by telephone at +33 1 45 48 33 86
  • Either by email to: reservation@lesdeuxmagots.fr

ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS

The Establishment's brand, 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 "Made-to-measure" Gift Cards, their accessories and their packaging, whether registered or not, are and will 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 and on any medium whatsoever, without the express prior consent of the Establishment, is strictly prohibited and may be subject 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 any copyright, design, model, and patent that is the property of the Seller or the Establishment.

ARTICLE 14 – CONFIDENTIALITY OF PERSONAL DATA

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

In accordance with Article 34 of Law 78-17 on Data Processing and Freedoms of 6 January 1978 as amended and the General Data Protection Regulation (EU Regulation 2016/679) or "GDPR", the Client has a right to access, modify, rectify and delete data concerning him/her.

To exercise their rights, the Customer may contact the Establishment by email at the following address: contact@lesdeuxmagots.fr. For more information regarding the collection and processing of personal data by the Seller, the Customer may consult the Personal Data Privacy Policy on our website https://comptoirs-lesdeuxmagots.fr, referring to the section "In accordance with the GDPR".

ARTICLE 15 – FORTUITOUS EVENT – FORCE MAJEURE

The Establishment's performance of its obligations under these General Terms and Conditions will be suspended in the event of an unforeseen 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 provision of these Terms and Conditions is found to be invalid under any applicable law or final court decision, it shall be deemed unwritten, without invalidating these Terms and Conditions or affecting the validity of its other provisions.

ARTICLE 17: APPLICABLE LAW

French law shall apply to all disputes relating, in particular, to the validity, interpretation, performance or termination of these General Terms and Conditions and related contracts.

ARTICLE 18: JURISDICTION (DISPUTE SETTLEMENT)

Pursuant to Law No. 2016-301, the Beneficiary may, if he wishes and without this being mandatory, have recourse to the consumer mediator concerning disputes arising from consumption.

The Client also has the option of contacting a mediation body, the Hotel, or the Tourism and Travel Mediator.

Before submitting the claim, the Client must write to the relevant Establishment by registered mail with acknowledgement of receipt.

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

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