Welcome to our website 1863 Paris. com. This page and the documents it refers to set out the conditions under which our culinary staff provide you with the meals shown on our website.
Please read these terms and conditions carefully before ordering Meals from our site. By accessing our site and placing an order, you agree to be bound without reservation by these terms and conditions and by our terms of use policy.
If you have any questions about these terms, please contact us at claim@1863paris.com before placing an order. If you do not agree to these terms in full, do not use our Service.
1. About Us
1863paris.com is a website operated by 1863 Paris France SAS (“we” or “1863 PARIS”), a company in the form of a SAS, with a capital of 1000 euros, whose registered office is located at 229, rue du Faubourg Saint-Honoré, Paris,75001,France and registered with the RCS of Paris under the number 825 377 757. Our VAT number is the following: FR24825377757.
2. Objective
The purpose of our Service is to provide a simple and practical service by putting you in touch with our culinary collaborators, selected by our teams, who are authorised to offer our menus by allowing you to place a Meal order with them. 1863 Paris acts as an agent on behalf of the culinary collaborator who produces Meals, and takes the orders you place. Once you have placed an order, your Meal will be delivered to you by an employee of 1863 Paris.
3. Your account
Before you can place Meal orders using our Platform, you must open an 1863 Paris account. When you open an account, you may create a password and you may also need to provide credit card information. You must keep any password you create secret and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible for payment of any Meals they order and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we failed to keep it secure.
You can close your account at any time by requesting it in the account section of our site or by contacting us using the contact information above. We may suspend your access to your account, or close it permanently, if we believe your account has been used by someone else. We may also terminate your account if we believe that you are abusing our service (for example, by requesting refunds or credits to which we believe you are not entitled, making unreasonable and repeated complaints, abusing our staff or culinary contributors, or for any other valid reason). If we permanently close your account, we will refund any remaining credit that you have validly obtained from our customer service team as a result of a problem with an order, by applying a credit to your registered credit card, or if this is not possible for any reason, by means of a bank transfer using the bank details (provided that you have provided them to us).
4. Availability of Services
Service 1863 Paris is available to all its Culinary Assistants located in Paris and the surrounding area of Le Bourget Airport. Each Culinary Collaborator has been selected from a defined geographical area, to ensure that our Meals reach you in the best possible conditions. If you require delivery outside of the delivery area (in this case Le Bourget Airport), a message will appear on the screen to indicate that your online order cannot be placed. We do not accept orders from people whose postcode is that of a town not covered by Le Bourget Airport. Although our hours of operation are fixed, production hours vary according to local business practices and the availability of our Culinary Collaborators. If you place an order outside of production hours and wish to have it delivered on the same day, a message will appear indicating that we cannot confirm your order and inviting you to renew your order for a later date.
5. Controls
Each order placed through our Service will be forwarded to the Culinary Collaborator for confirmation. The order is final once it has been accepted by the Chef. We will then send you an email thanking you for your order and confirming that it has been received and accepted (the “Confirmation Email”). By placing an order with us, you are acting solely on your own behalf.
The contract for the supply of any Meals you order through us is between you and our culinary staff and is only entered into once the Confirmation Email has been sent.
Please check that the email address you have given us is correct as this will enable us to communicate with you about your order.
Please also check that you give a correct address and telephone number to ensure that your Meals are delivered to the correct location. If you do not open the door and answer the phone within 15 minutes of your 1863 Paris delivery person arriving at your address we reserve the right to leave and charge you for the Meal.
1863 Paris wishes to provide a quality service and is your first point of contact in the event of a problem with your meal, whether it concerns the quality or temperature of the meal. We monitor our Culinary Staff very carefully and it is extremely important to us that they meet our standards and help us maintain our reputation.
You can send us any comments you may have about our Culinary Staff or the Meals by email, telephone or by contacting us about your order from your customer area.
By placing an order, you expressly agree to be bound by these terms and conditions of service.
6. Meals
Every day, our culinary staff will offer you a dish of the day as well as the current best sellers.
All meals are subject to availability. Our Culinary Staff may offer an alternative for a Meal that we are unable to provide. Our Culinary Associates may use nuts in the preparation of some Meals.
Please indicate when ordering if you have any allergies. 1863 Paris cannot guarantee that the Meals sold by our Culinary Collaborators are allergen-free.
7. Sale Of Alcohol
7.1 Alcoholic beverages may only be sold to persons over the age of 18 and proof may be required by your 1863 delivery person (Article L3342-1 of the French Public Health Code). Your 1863 Paris delivery person may refuse to supply alcohol to anyone who appears to be under the age of 18 or who is or appears to be under the influence of alcohol or medication. By placing an order that contains alcohol, you confirm that you are at least 18 years of age. Any violation of this section is your sole personal responsibility.
7.2 Alcohol abuse is dangerous to your health. Know how to consume and enjoy in moderation. By placing an order on our website, you expressly waive the benefit of Article 1587 of the Civil Code, which states that the sale of wine becomes final only after tasting and approval by the buyer.
7.3 If you are identified as a minor, your 1863 Paris delivery person will take back the entire order and the sum corresponding to this order will be reimbursed to you, deducted, however, from a fixed amount of €20 to compensate for the costs incurred by 1863 Paris Delivery due to the failure to comply with these conditions and the cancellation of the order.
7.4 In the event that a drink delivered is unfit for consumption (e.g. corked bottle), the Customer is invited to contact 1863 Paris as soon as possible and at the latest 24 hours after delivery in order to proceed with the reimbursement or exchange of the product ordered. 1863 Paris will then send an 1863 Paris delivery person to pick up the drink and will verify with the seller that the drink is indeed unfit for consumption. 1863 Paris reserves the right to refuse any exchange or reimbursement in the case of a drink that has been consumed by more than a quarter of its content and/or that has not been returned in its original container with original stopper. In the event of confirmation by the seller that the drink is indeed unfit for consumption, 1863 Paris will proceed with its exchange or reimbursement, at no cost to the Customer.
8. Availability and Delivery
Our goal is to ensure that you get the best possible delivery service.
Unfortunately, things do not always go to plan and unforeseen circumstances such as traffic or weather conditions can sometimes prevent us from achieving our objectives, or those of our Culinary Associates, in this regard. We do our best to ensure that your Meal is delivered within the timeframe stated in the email and on the webpage.
The delivery time of your order is determined by the number of orders, your geographical location and the conditions that the Culinary Collaborator is subject to at the time.
9. Cancellation
You have the right to cancel an order within a reasonable period of time and before the Culinary Collaborator has begun preparing the order. Customers may cancel an order by contacting 1863 Paris. 1863 Paris and the Culinary Collaborator may cancel an order and will inform you in such a case. Orders cancelled in accordance with this clause will not be invoiced to you. Any payment made prior to the cancellation of an order by 1863 Paris or a Culinary Collaborator is generally reimbursed by the same means that you used to pay for your order. Each order cancelled after it has become a Released Order is invoiced to you. 1863 Paris alone determines whether or not an order is a Released Order.
You do not have the right of withdrawal, in accordance with the provisions of Article L121-21-8 paragraph 4 of the French Consumer Code, as the Meals, the subject of the contract, are perishable goods.
10. Prices, Regulations and Promotional Offers
10. Prices, payment and offers
Prices include VAT. You confirm that you are using our Service for personal, non-commercial use. 1863 Paris may at times practice dynamic pricing, which means that prices for Items and Delivery may change while you are browsing. Prices may also change at any time at the discretion of the Culinary Staff. We reserve the right to charge a Service Fee, which is subject to change, for providing our Services. These Service Fees may vary. You will be informed of the Service Fee and applicable taxes prior to purchase on the payment page of our Site. No changes will affect existing confirmed orders, except in the case of an obvious pricing error. Price changes will also not affect orders in process and in your shopping cart, provided you complete the order within 2 hours of creating the cart. If you do not complete the order within the 2 hour period, the Items will automatically be removed from your cart and the price change will apply. If there is an obvious pricing error, we will notify you as soon as possible and you will have the option of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid. When 1863 Paris makes a delivery, we may also charge you a Delivery Fee. These Delivery Charges will be notified to you during the checkout process before you complete your order.
The total price of your order will be shown on the checkout page of our Site, including the prices of the Items and Delivery, as well as any Service Fees and applicable taxes.
Payment for all Items and Delivery can be made on our Site by credit or debit card, or by any other payment method offered by 1863 Paris. Once your order has been confirmed, your credit or debit card will be authorised and the total amount will be shown for payment. Payment is made directly to 1863 Paris. Payment can also be made by means of Vouchers or Account Credit. The use of the latter is subject to 1863 Paris’ terms and conditions for the use of vouchers and account credits.
11. Tips
When you place your order :
When you place an order, you have the option of paying a tip to the delivery person, in addition to the purchase price of the items in your order. All payments will be collected by 1863 Paris using the same payment method used for the original order. Your delivery person will receive 100% of any tip you choose to pay.
After receiving your order :
Once you have received your order, you may receive a notification giving you the option to pay a tip to your delivery person. 1863 Paris will collect the payment on behalf of the delivery person, as a limited payment collector, and the tip payment will be considered a direct payment from you to the delivery person. We will provide your first name to your delivery person when we notify them of the tip. Your delivery person will receive 100% of any payment you choose to make. As this payment is made after you have received your order, it is non-refundable and does not form part of your order. Depending on the payment method used for your original order, your tip may appear on your bank/credit card statement as a separate payment.
12. Our Responsibility
To the extent permitted by law, 1863 Paris provides its Service and content “as is” and “as available”. Subject to
the provisions below, 1863 Paris shall have no liability to you for any direct, indirect, special, contractual, tort (including negligence) or other losses arising out of your use of or inability to use our Service. If 1863 Paris is liable to you, our total cumulative liability is limited to the purchase price of the Meals you paid in your order. This does not include or in any way limit the liability of 1863 Paris in respect of any matter in respect of which it would be unlawful for us to exclude or attempt to exclude or attempt to exclude our or its liability, in particular, liability in respect of death or personal injury due to negligence or fraud or fraudulent misrepresentation.
The contract of sale is concluded between you and 1863 Paris. The Culinary Collaborator selected to produce your Meal is an independent trader, separate from our company and over whom we have no control. Consequently, outside of the strict legal conditions, we cannot be held responsible in this respect.
13. Events Independent Of Our Will
Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure is beyond its control including, but not limited to, acts of God, governmental action, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in clause 12 shall entitle the Customer to fail to perform its payment obligations under this Agreement.
14. Waiver
Neither you, nor 1863 Paris, nor the Culinary Collaborator shall be liable to the other parties for any delay or failure to perform its obligations under this Agreement if such delay or failure is beyond its control, including, but not limited to, the following events: acts of God, governmental provisions, war, fire, flood, explosion or civil commotion.
15. Disjunction
If any provision of this Agreement is held to be illegal or unenforceable, the full force and effect of the remaining provisions shall remain.
16. Indivisible Contract
These terms and conditions contain the entire agreement between the parties relating to its subject matter and supersede all previous agreements and understandings between the parties relating to that subject matter.
17. Our Right To Change These Terms
1863 Paris may revise these terms and conditions at any time by updating this page. You are expected to check this page from time to time to take notice of any changes we have made as they are binding on you.
18. Law And Jurisdiction
The French courts shall have jurisdiction over all claims arising out of or relating to any use of our Services. These Terms of Use and any dispute or claim arising out of or relating to these Terms of Use or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with French law. In accordance with the provisions of the French Consumer Code, you may have recourse to an alternative dispute resolution method or a conventional mediation procedure. The search for such an amicable solution interrupts the time limits for action. Failing this, the competent jurisdiction will be determined by the rules of common law.
There will be a delay of 1 hour to 2 hours before delivery.
The whole team do their best to deliver to you as quickly as possible !