The purpose of these general conditions is to govern the relationship between the company 3xmgroup / Mon Traiteur Mexicain and the customer designated as the client. By placing an order, the customer expressly declares to have read the general conditions of sale of MonTraiteur Mexicain and to accept all the provisions without reservation or restriction.
For the purposes of these general conditions, the following words beginning with a capital letter will have the
meaning assigned to them below: The "Caterer" Or "My Mexican Caterer": This term refers to the company 3xmgroup, SASU company with a share capital of 1000 euros, located at 73, rue Senac de Meilhan (13001), Marseille. Registered in the Marseille Trade and Companies Register under the number of siret 88401948000018 represented by its director having all powers to the effect herefor. "The Service(s)": This term refers to all catering services provided by 3xmgroup. The "Customer(s)": This term refers to any natural or legal person, trader, wishing to acquire the Services provided by 3xmgroup in a professional capacity.
2. The quote
The issuance of the catering offer includes all the customer's specifications, i.e. the definition of the menu, the
number of guests, the date, the schedules, the ancillary services requested as well as all the technical particularities essential to the proper execution of the event. The composition of all this data is formalized by a quote and a price. The quote is subject to adjustment following the location of the event: floor, distance, electrical power, office equipment, parking, waste management, soil protection, dishes imposed by the place. This list is not exhaustive. The prices indicated on the quote are valid for a period of 1 month.
The object of the contract of a commercial nature consists, in principal, in the supply of meals and, incidentally, in the
provision of ancillary services. For the proper execution of the contract, the customer undertakes to provide Mon Traiteur Mexicain with the information necessary for the proper performance of its service: the detailed program, the installation plan of the spaces, the details of the services and services requested elsewhere. The quote established by Mon Traiteur Mexicain constitutes the special conditions supplementing these general conditions. All disputes relating to this contract will be the exclusive jurisdiction of the Commercial Court of Marseille. The constitution of the contract is formalized by the written acceptance by the ordering customer, in the first place, of the latest version of the quote issued by Mon Traiteur Mexicain, in the second place, of these general conditions. The order is firm, final and not subject to cancellation on either side of the two parties from the receipt of its confirmation.
4-1 Validation formalities
The customer undertakes as soon as the contract is signed to specify the number of meals as accurate as possible that must be provided under the national pact to combat food waste, including the network of caterers in France. It is the customer's responsibility to verify the completeness and accuracy of the information reported on the quote. The latest version of the validated quote from the customer is a reference, Mon Traiteur Mexicain can not be held responsible for an error validated by the customer. To be admissible, any order confirmation must be delivered in writing 30 calendar days before the day of the event. The Customer undertakes to provide the Cater free of charge with the necessary fluids and in particular water and electricity at the power necessary for the proper performance of the Service (which will be specified in the quote). The confirmation is carried out exclusively by the client and payer. The validation of the order is materialized by all the services integrated in the quote, so the entire quote must be initialed, the last page of the budget as well as the general conditions of sale must be dated, signed, stamped, with the mentions: name and surname of the client, "good for agreement".
Booking deposits: All reservations must be accompanied by the payment of a deposit corresponding to 50% of the amount of the total quote including VAT as well as a deposit covering any additional costs.
Deadline Deposit to be paid compulsorily: 50% of the total amount including VAT 1 month before receipt. THE BALANCE OF THE INVOICE IS TO BE PAID IMPERATIVELY 10 CALENDAR DAYS BEFORE RECEIPT or on the day of the event if payment in cash. WITH THE PAYMENT OF A DEPOSIT CHECK OF 500 € in case of marriage with the service of fine crockery and silverware included. IN CASE OF ADDITIONAL COSTS AT THE RECEPTION (OVERTIME, BREAKAGE OR LACK OF EQUIPMENT). IT WILL BE RETURNED TO YOU IF NECESSARY 14 days later.
4-2 Execution of the contract
a/ Information: My Mexican Caterer will be responsible for communicating to its agents and stakeholders including, the terms of execution established upstream by the customer. It is the customer's duty to inform the service provider of any contractual changes and/or clarifications, in particular those relating to logistics, under the conditions and according to the terms stipulated in Article 4 below.
b/ Delegation of power: The client may designate the referent on site on D-Day. The fact that the customer contracts with an organizer will in no way modify these said conditions, the organizer must assume all the obligations of the customer and must to do so have been mandated by the customer and act in the name and on behalf of the latter.
c/ Responsibility of the customer: The customer acknowledges being perfectly informed and will be responsible for the various approvals and administrative authorizations that may require the organization, the opening to the public and the conduct of his event. The customer undertakes to take all measures, in particular in terms of insurance, to cover all risks of all kinds inherent in the event, the subject of the order, likely to secure the property of
people. The costs of rehabilitating the reception premises are borne by the customer. No complaint on the progress of the reception will be admissible after the day of it. Any loss, theft, degradation,
disappearance, breakage of the equipment made available to customers not included in the provider's rate, will be invoiced at their replacement prices. The organizing customer is solely responsible for the actions of the participants in the event, subject of the order, he will be responsible for any question relating to the safety of people and property, the places where the event must take place, the verification of identities, the age or quality of people, as well as the authorization, to the regulation of the consumption of alcoholic beverages, in no case the responsibility of the service provider can be sought from these chefs.
d/ Food quality and hygiene: Deliveries are made by us, in refrigerated vehicles at a regulatory temperature between 0 °C and 2 °C. Food products should be stored between 0° and 4°C (0° and 2°C for products containing raw seafood). Unless otherwise stated, the products delivered as part of the Service. The product must be consumed within 24 hours after delivery, under optimal storage conditions. Following Decree No. 2002-1465 of 14/12/02, we inform you that beef is of origin: EU. It is the Customer's responsibility to ensure that technical means are available on the site to store the products in good temperature conditions.
In the event that cold storage is not possible, fresh food products must be consumed within 2 hours and have been maintained at a core temperature less than or equal to + 2 ° C throughout this period… If compliance with this 2-hour period outside the cold is not possible, Mon Traiteur Mexicain may also keep a refrigerated truck on site to store the products at the Customer's request. This service is not systematically possible and will be invoiced to the Customer. If these temperature management conditions are not respected, Mon Traiteur Mexicain declines all responsibility in the event of a health problem related to the consumption of the products. For reasons of hygiene and food safety, no goods delivered in accordance with the order can be taken back or exchanged. In addition, at the end of the service, our service staff is instructed to destroy any remaining goods. My Mexican Caterer disclaims any responsibility for the risks incurred in the event that the Customer insists on keeping the remaining products. The Customer's signature of these GTC has the effect of discharge in such a case if he keeps the remaining products.
e/ Allergens: Our products contain some allergens. The list of allergens contained in ingredients voluntarily incorporated into the recipe is available to the customer at his request. In addition to allergens voluntarily added, it is not excluded that our products contain traces of one or more of the major allergens listed in Annex II of Regulation EU 1169/2011. Indeed, despite all the precautions taken during the preparation, accidental cross-contamination is possible.
f/ Selective sorting: Our commitment to sorting, recovering and recycling the waste generated by the service requires the provision by the customer of selective sorting containers and a waste disposal service. In the event that the customer is not able to ensure on-site waste management, Mon Traiteur Mexicain will manage it (sorting, storage, disposal) and additional costs will apply. Costs will also be borne by the customer, in the event that any waste such as glass bottles, cartons, decoration provided by the customer or other providers is evacuated by the care of Mon Traiteur Mexicain.
g/ Fight against waste: In case of food surpluses of a significant volume, products that have been kept in good temperature conditions (no break in the cold chain), by mutual agreement with the customer, a food donation can be made with the partner of the Mon Traiteur Mexicain.
h/ Time overruns: For any service beyond the hours agreed between the parties, a supplement for the staff will be charged, the cost of the overtime per staff is indicated in the quote. Overtime
will begin at the end of the staff vacation. The staff vacation includes the time of restoration of the premises of reception, reloading and transport, any hour started will be charged in full time.
No delivery can be made in the absence of the Customer or a receiver mandated to receive the order.
The accuracy and precision of the delivery details as well as the availability of the receiver are essential, any delay or error can not be attributed to Mon Traiteur Mexicain, in case of erroneous or incomplete information. The deadlines provided for in the delivery of an order are given only as an indication and any delays or advances in the scheduled time of less than 2 hours do not entitle the Customer to cancel the order, refuse the goods or claim damages. In case of redirection of the order to another delivery address, additional delivery charges will apply. Any order must be received by the Customer and checked in a contradictory manner
with the driver at the time of delivery. Any claim must be mentioned on the
delivery note. The words "reservations" or "subject to unpacking" are devoid of scope. In case of non-conformity with the order or defect, our warranty is limited to the replacement of goods recognized as non-compliant or defective, to the exclusion of any other compensation.
The invoice will be sent after the event possibly including the additional consumption of drinks, the possible overtime of service and the loss and breakage of the dishes, toppings and equipment made available to you by Mon Traiteur Mexicain. Depending on these additional amounts, the total or partial balance of the deposit paid by the customer will be returned to him within 15 calendar days. The prices indicated on the quote correspond to the rate applicable at the time of the preparation of the quote, subject to the rate in force at the time of receipt. Given the nature of the products we market in short circuit or subject to market increases (fresh, food and perishable products), our rates are subject to change and be modified without notice. In the event of a change in legislation, the rates will be automatically adjusted, for example, in the event of a change in rates or taxes and will be subject to the revision of our quote. Our prices are net without any commission or additional retrocession after the signing of the contract. Management fees (insurance, transport, handling) are charged when goods belonging to the customer are delivered to our warehouses. Any retrocommission for the receiving sites will be charged to the customer. Our rates include the provision by the reception sites of the offices, the flows and the reception device of our equipment as well as the highlighting of our know-how because of our referencing.
5.Conditions of modification
5-1 Number of permanent persons
The attached quote has been specifically prepared for a number of people requested by the customer. We reserve the right to modify the selling price according to a decrease in the number of cutlery. To be admissible, any
request to change the number of participants must reach us 14 working days before the date of the event and must give rise to a written acceptance by Mon Traiteur Mexicain. A new version of the modified order form will then be established and must be validated by the same ordering customer. If the final number were to increase within 7 working days prior to receipt, we would only be able to insure meals according to our supplies and we reserve the right to replace the products while keeping the same quality.
In the event that the customer decides to cancel his order for any reason whatsoever, he will be subject to the payment of a cancellation according to the following schedule:
Cancellation between 40 and 60 calendar days before the date of receipt: 30% of the total amount including VAT of the quote
Cancellation between 20 and 30 calendar days before the date of receipt: 40% of the total amount including VAT of the quote
Cancellation between 10 and 20 calendar days before the date of receipt: 60% of the total amount including VAT of the quote
Cancellation between 5 and 10 calendar days before the date of receipt: 80% of the total amount including VAT of the quote
Cancellation less than 5 calendar days before the date of receipt 100% of the total amount including VAT of the quote.
Any postponement, for any reason whatsoever including in case of force majeure, can not result in the return of
the deposits already collected, nevertheless the amount of the deposit will be attributed to the postponed event within 12 months, as well as the postponement of the event entails the revision of our rates and the content of our proposals. In the event that the number of meals undergoes a variation less than the event initially planned, Mon Traiteur Mexicain reserves the right to modify the unit selling price and to charge technical, administrative and compensation costs to its own service providers.
My Mexican Caterer is automatically released from its obligations without payment of compensation of any kind in the event of the occurrence of an event of force majeure or fortuitous event, in particular in the event of war, riot, total or partial blockade strike, fire, administrative closure by decision of the State, blocking of means of transport, health crisis or any other external event likely to disrupt the proper movement of goods. Similarly, Mon Traiteur Mexicain cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or a computer virus. Express and decisive agreement at the conclusion of the contract, in the event that the service ordered could not take place on the agreed date due to a case of force majeure, the deposit paid would remain acquired by Mon Traiteur Mexicain, under the conditions and modalities set out in Article 5 referred to above; a credit note corresponding to the amount of the deposit paid valid for a period of 12 months following its issue would in such a case be sent to the customer, excluding any refund.
7. Intellectual property
We remind you that any event organizer must pay the intellectual property rights related to his event. The proposals as well as the photos, videos, plans, supports, models, documents and information of all kinds given or sent by Mon Traiteur Mexicain to the customer remain the property of the latter, so they can not be communicated to third parties under any reason what are. Unless formally prohibited by the customer, the service provider reserves the right to use photos of the event, excluding characters and references on behalf of the customer or participants, for his personal communication (brochure, press, social networks, internet etc …)
8. Personal data and protection of privacy
As part of its contractual relations, Mon Traiteur Mexicain is required to collect personal data
necessary for the processing of the order. In accordance with the applicable legal and regulatory provisions, in particular Law No. 78-17 of 6 January 1978 as amended relating to data processing, files and freedoms and European Regulation No. 2016/679/EU of 27 April 2016, the customer has the right to access, rectify, portability and erase his data or to limit processing. He may also, for legitimate reasons, oppose the processing of data concerning him.
To exercise these rights and obtain detailed information on the data retention periods, the customer must contact Mon Traiteur Mexicain at the following address: 3xmgroup 73 rue de Senac de Meilhan 13001 Marseille or by internet at the following address firstname.lastname@example.org: The information collected is for the purpose of order tracking, customer relationship management and, if the user has consented to it, prospecting customers. Access to your personal data is strictly limited to the staff of Mon Traiteur Mexicain. No profiling will be carried out and more generally no automated decision will be taken on the basis of the data collected. We undertake not to sell, rent, assign or give access to third parties to the customer's data without his prior consent, unless compelled to do so for a legitimate reason (legal obligation, fight against fraud, exercise of the rights of defense, etc.). The customer is informed that he has the right to bring an action before the Commission Nationale de l'Informatique et des Libertés. In the case of the use of a photo of the event for the social networks of the service provider or the customer, it will be the subject of a mutual validation in writing.
9. Payment conditions
The balance of the price including VAT is adjustable 15 calendar days before the reception or the day of the event if payment in cash, accompanied by a deposit check of 500 € TTC if rental of porcelain dishes, crystal glassware and / or silverware.
Special billing instructions must be communicated at the time of validation of the quote. The signatory of the modification may not reject having accepted these conditions without restriction or reservations