GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 - DEFINITIONS
Client : means any individual ordering Products from the Site. The latter acknowledges that he/she is of legal age and has full legal capacity to enter into the present contract.
Ordering: means any order for Products to be taken away from a Sales Point on the Site.
Account : means the personal space that the Customer can create on the Site to access the Product Ordering service, associated with a login and a password.
Personal data : personal information as defined in Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection, which is provided by the Customer to the Seller and Five Pizza Original or which is collected by Five Pizza Original in the course of using the Site.
Five Pizza Original : means the brand operated by Five Corporation Original SAS with a capital of 1000 € - RCS n°832 995 021 Créteil Cedex, located at 35-37 Rue Berthollet 94110 Arcueil, France, is a service company operating a fast food and takeaway and/or delivered food sales network, composed of franchised outlets and branches.
Point of Sale : means commercial premises, in which a business under the Five Pizza Original brand is operated.
Products : means all products offered for sale on the Site by a Sales Outlet.
Intermediation service : means the intermediation service between Sellers and Customers offered by Five Pizza Original through the Site.
Site : means the website accessible at the following URL: https://five.belorder-preprod.com
User : means any natural person browsing the Site.
Seller : means the legal entity that markets Products through a Five Pizza Original branded outlet, whether an independent franchisee or a subsidiary of Five Pizza Original, selected from the network of Five Pizza Original outlets according to the pick-up address chosen by the Customer and where the Order will be registered.
ARTICLE 2 - PREAMBLE AND ENFORCEABILITY OF THE GCV
These general terms and conditions of sale (hereinafter the " GTC "The purpose of this Agreement is to define and govern the rights and obligations of the Parties in the context of the online sale of Products by the Seller to the Customer.
Any Product Order placed by the Customer automatically implies full and unreserved acceptance of these GTC.
In the event of a conflict between the provisions of the GTC and any other contractual documents relating to Intermediation Services and Product Orders, these GTC shall prevail unless otherwise agreed in writing by the Parties.
No waiver of any provision of the T&Cs shall be construed as a waiver by Five Pizza Original or the Seller of any subsequent claim thereunder.
If any of the provisions hereof are or become invalid under any present or future legal provision, they shall be deemed unwritten without affecting the validity of the other provisions hereof.
Five Pizza Original reserves the right to amend these Terms and Conditions at any time. In the event of a change to the T&Cs, the T&Cs applicable shall be those in force at the date of payment for the Order.
ARTICLE 3 - USE OF THE SITE
The use of the Site is governed by the general terms and conditions of use of the Site (hereinafter the " CGU The Client fully and unreservedly accepts the terms and conditions of use of the Site ("Terms and Conditions") that appear on the Site when browsing the Site and placing Orders.
ARTICLE 4 - PRODUCT INFORMATION
The Products whose sale is governed by these GTC are those which appear on the Site and which are indicated as being offered for sale by the Seller. These Products are offered within the limits of available stocks, it being specified that the Seller reserves the right to modify at any time or to interrupt the offer of certain Products without prior notice to the Customer and without prejudice to Orders placed by the Customer.
The Products are described and displayed with the utmost sincerity. However, Five Pizza Original and the Seller do not guarantee the accuracy of the photos or information relating to the Products which are for illustrative purposes only and have no contractual value. As a result of the foregoing, in the event of any errors or omissions in the presentation of the Products, the Vendor and/or Five Pizza Original shall not be held liable.
It is the responsibility of the Customer to find out about any allergies or intolerances to certain ingredients in the Products and to seek out any traces of these from Five Pizza Original and the Seller. Five Pizza Original and/or the Vendor shall not be held responsible for the consequences of the Customer's failure to take this information into account when placing the Order.
The Customer undertakes, once the Products have been collected, to ensure that they are well preserved and to consume them before the date indicated on the packaging. In the event that the Best Before Date is not labelled, the Customer undertakes to obtain the information from the Seller and, by default, to consume the Products quickly, within two (2) days of their collection/delivery.
It is recommended that the Products never be frozen.
Five Pizza Original and/or the Seller shall not be liable for any deterioration of the Products due to the negligence of the Customer and/or the improper storage of the Products after collection.
ARTICLE 5 - TERRITORY
The Products on the Site are only available in France and Belgium and only to consumers in areas where there are Five Pizza Original outlets. For the delivery activity, only Customers residing within a radius of approximately 5 km from a Point of Sale may be served.
ARTICLE 6 - COMPLETION OF THE ORDER AND ACCEPTANCE
6.1. Execution of the Order
To place an Order for Products on the Site, the Customer must choose a Point of Sale from among those offered on the Site, as well as the associated service: Click&Collect (see article 6.3) or Delivery (see article 6.4).
The Customer must select the Products they wish to order and add them to their basket. The Customer is informed that the price of the Products may vary according to the specificities and supplements of said Products. Only the Products in the basket shall be subject to the Customer's Order.
Once the Customer has completed the Order, he/she is asked to confirm its accuracy. The information provided by the Client at the time of placing the Order shall be binding and the Client shall be solely responsible for any error in the wording of the Order or in the recipient's contact details.
The Customer can place Orders without having to create or use an Account.
The completion of the Order necessarily requires the Customer to provide certain Personal Data, collected and stored by Five Pizza Original and the Seller in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection.
The Customer shall be free to modify the Order or the information provided until the Order has been paid for and transmitted to the Seller.
The information given by the Client when placing the order is binding: in the event of an error in the recipient's details, the Five Pizza Original shop cannot be held responsible for the impossibility of delivering the product.
Prior to validating the order, the Customer will have the technical means to identify and correct any errors made in the data entry, by going back over the different stages of the order process and will be able to modify the contents of the order by adding or removing products from the basket, from the web page summarising the contents of the basket before validating the order. If necessary, the Customer will simply indicate which item(s) he/she wishes to remove from his/her basket before validating his/her order.
Once this verification has been carried out, the Customer is invited to validate his/her order and accept the present general conditions of sale. The orders are effective as soon as this validation is done. Any order placed in this way is final and cannot be cancelled, and the person is obliged to pay for the order on delivery or on collection from the shop.
The payment of the Product Order in the above-mentioned conditions is worth :
The Customer will automatically receive by e-mail, a written confirmation of the order including all the information relating to the characteristics of the Product(s) which will have been transmitted to him at the stage of the order, as well as the total price of the order including all taxes.
The Seller shall archive the Purchase Orders and the invoices for the Orders on a reliable and durable medium, constituting a true copy in accordance with the provisions of Article 1379 of the French Civil Code. The Seller's computerised records shall be considered by the Seller and the Customer as proof of communications, Orders, payments and transactions between the Parties.
6.2. Customer's account
To order Products, the Customer can create or log in to their Account via e-mail address and password.
The creation of an Account and the completion of an Order require the Customer to provide certain Personal Data, collected and retained by Five Pizza Original and the Seller in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection.
When creating an Account, the Customer undertakes to provide Five Pizza Original and the Seller with accurate and truthful information and to keep it up to date via the Account administration page.
The Customer's Account is purely personal. Consequently, the Customer undertakes to use it personally and never to allow a third party to use it in his place or on his behalf, unless he bears full responsibility.
Similarly, the Customer is responsible for maintaining the confidentiality of their login details, including their password. The Customer should immediately contact Five Pizza Original if they become aware that their Account has been used without their knowledge, in which case Five Pizza Original shall be free to take all appropriate steps to restore the integrity of the Account.
In the event of a breach of these T&Cs and/or any applicable laws or regulations, Five Pizza Original reserves the right to suspend the Customer's Account without compensation.
6.3. Click & collect orders
Click & collect mode allows the Customer to place and pay for an order online and to collect the order from the Sales Point at the date and time chosen by the Customer.
Withdrawal of the order
In order to collect their Order, Customers must go to the selected Sales Point at the chosen date and time, bearing their Order number.
Due to the nature of the Products, should the Customer be more than 2 hours late in collecting the Order from the Point of Sale or should the Customer fail to collect the Order, the latter may be destroyed by the Seller without the right for the Customer to claim reimbursement or compensation and without any liability on the part of the Seller or Five Pizza Original.
Service charges
For the Click & Collect activity, the Sales Outlet charges a service fee of a maximum of €0.15 (including VAT) per order, regardless of the amount of the order. These service charges are added to the prices of the products delivered and are displayed in the Order under the heading " Service charges ".
The Point of Sale reserves the right to change its prices at any time.
6.4. Ordering in delivery mode
The Delivery mode allows the Customer to place and pay for an order online and to have the order delivered to the address indicated at the time of ordering.
The Point of Sale subcontracts the delivery of the ordered products to the company Uber Eats, which carries out the delivery via deliverymen contracted by it.
Only Customers residing within a maximum radius of 5 km from a Sales Point may be served. The Seller may not deliver to a Customer residing more than 5 km from the Sales Point.
Delivery time
The delivery time is as indicated at the time of ordering. However, if the delivery is subject to a delay exceeding 30 minutes (compared to the announced delivery time, the delivery time or the time of availability), the Customer is invited to contact the Sales Point whose contact details appear on the order confirmation. Furthermore, the Customer is free, after this period, to inform the Sales Point of his wish to cancel the order.
Delivery and service charges
The Retailer will charge a delivery fee that varies according to the distance of the journey. The maximum amount for delivery costs is €6.49 including VAT. The delivery costs are added to the price of the products delivered and are displayed in the Order under the heading " Delivery charges ".
In addition, a service charge of €0.95 including VAT per order is also applied, regardless of the amount of the order. The service charge is added to the price of the products delivered and is displayed in the Order under the heading " Service charges ".
The Point of Sale reserves the right to change its prices at any time.
ARTICLE 7 - MODIFICATION OF THE ORDER
Until the Order is paid, it can be modified or stopped by deleting the basket.
Under the terms of Article L221-28, 4° 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, due to their nature, are likely to deteriorate or expire rapidly. It follows from the above that Orders that have been definitively validated and paid for cannot give rise to the exercise of a right of withdrawal and cannot be cancelled.
No Products can be returned or exchanged.
ARTICLE 8 - ORDER PRICE
The prices displayed on the Online Services (takeaway and or delivery) vary from one Five Pizza Original outlet to another.
The applicable prices shall be those in force at the time of the Customer's Order, as displayed on the Online Services of the Sales Outlet concerned by the Order. The Customer shall be informed of the applicable prices before paying for the Order.
The prices displayed on the online Services are expressed in Euros, inclusive of all taxes, and take into account the VAT rates applicable on the day of the Order, namely :
| Deliveries | Takeaway sales | Sales for consumption on the premises | |
| Pizzas and starters | 10% | 10% | 10% |
| Salads | 10% | 10% | 10% |
| Non-alcoholic beverages | 5,5% | 5,5% | 10% |
| Sundaes, Milkshakes | 10% | 10% | 10% |
| Pastries | 5,5% | 5,5% | 5,5% |
Any change in VAT rates may be reflected in the prices of the Products.
The Seller reserves the right to modify the prices of the Products at any time, provided that the prices indicated on the Site at the time of the Order are applied.
The Products may be subject to promotional offers. Any special promotional offer will be subject to these T&Cs, which shall prevail in the event of any inconsistency between the terms of the special offer and these T&Cs. These offers may be modified or withdrawn at any time. In order for the Customer to take advantage of these offers, they must exist and still be in force at the time of the Order.
Payment of the Order by the Customer implies its validation by the Seller.
ARTICLE 9 - ACCEPTED MEANS OF PAYMENT
The following payment methods are accepted:
Only payments in euros are accepted.
For the "Delivery" mode, a minimum online order of a variable amount per shop, up to 12 € TTC, may be applied to your order.
For the online payment method: payment by bank card or by materialized vouchers, the Seller has the necessary authorizations to use said payment method. By paying for the Order, the Customer certifies that he/she is authorised to use the bank card whose details have been provided for this purpose, and authorises the Seller to invoice the Order.
In the event that the Customer's credit card payment authorisation is refused or the Order validated by the Customer is not paid for, the Seller reserves the right to suspend the processing of the Order until it has been paid for in full or to cancel the Order.
In the event of failure to identify and verify the bank card used as a method of payment, the Order concerned shall be cancelled.
ARTICLE 10 - LIABILITY
Five Pizza Original's involvement is strictly limited to providing the Intermediation Service to Users and Clients.
Five Pizza Original shall bear the consequences of any damage directly attributable to it that may be caused to the Customer in connection with the operation of the Site, within the limits set out in the TOS.
Five Pizza Original shall not be liable:
The Seller shall bear the consequences of any damage directly attributable to it in connection with the Customer's Order in accordance with ordinary law. However, the Seller shall not be liable in the event of an act of the Customer or in the event of force majeure within the meaning of Article 1218 of the Civil Code.
The limitations and exclusions in this article are not intended to limit the liability or alter the rights of consumers which cannot be excluded under the applicable legal provisions.
ARTICLE 11 - INTELLECTUAL PROPERTY
Nothing in this Agreement or the provision of the Site shall be construed as transferring any intellectual property rights of Five Pizza Original and the Vendor to the Customer.
All technology, information, data, documents, know-how and/or formulas communicated by Five Pizza Original to the Customer in connection with the provision of the Site and/or the Order, as well as all trademarks, logos, trade names and photographs appearing on the Site, shall remain the exclusive property of Five Pizza Original. The Customer is granted only a personal, non-exclusive, non-assignable and non-transferable right to use the Site.
Any reproduction, representation, use or adaptation, in any form, of any or all of Five Pizza Original's or the Seller's intellectual property without its prior written consent is strictly prohibited. The failure of Five Pizza Original or the Vendor to take any action upon becoming aware of such unauthorized use shall not constitute acceptance of such use or a waiver of such action.
ARTICLE 12 - PROTECTION OF PERSONAL DATA
Five Pizza Original and the Seller undertake to comply with the provisions of the General Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2019 on the Protection of Personal Data (hereinafter " RGPD "In the event of a breach of the terms and conditions of this Agreement, the User shall be responsible for ensuring that it is compliant with the provisions of this Agreement, for making all declarations and obtaining the necessary consents and authorisations for the collection and processing of personal data and for respecting and ensuring the respect by its employees of the confidentiality and security of the personal data that may be collected and processed by them in the performance of the Agreement.
In the course of forming and performing the T&Cs, Five Pizza Original and the Seller may collect and process the Customer's personal data in accordance with the RGPD. The data collected includes: surname, first name, telephone number, email address, IP address, payment details.
This data is necessary for the processing of the Customer's Order and the execution of the GTC.
This data may be communicated to Five Pizza Original and the Vendor's employees and to any partners responsible for the execution, processing and management of the relationship with the Customer. Five Pizza Original and the Vendor shall not transfer the data thus collected outside the European Union.
Customers whose personal data is processed have a right of access, rectification, erasure, limitation of processing, portability of data, a right to object and a right to give instructions after their death regarding information concerning them, by sending a letter to the following address
Five Original Corporation
35-37 Rue Berthollet
94110 Arcueil, France
ARTICLE 13 - INFORMATION AND TECHNICAL ASSISTANCE
For any information or question relating to the operation of the Site or his Account, the Customer is invited to contact the following e-mail address serviceclient@five.belorder-preprod.com
For any information or question related to his Order of Products, the Customer is invited to contact the Seller by telephone at the telephone number indicated on the Site.
ARTICLE 14 - APPLICABLE LAW - COMPETENT JURISDICTION
The relationship between Five Pizza Original and the Customer, or the Seller and the Customer, under these T&Cs shall be governed by French law.
In the event of disputes arising in the context of the relationship between the Parties, in particular with regard to the validity, interpretation and performance of these GTC, the Parties shall attempt in good faith to reach an amicable agreement to resolve the difficulty.
For any complaint relating to the operation of the Site, the Customer may send a letter to Five Pizza Original stating the difficulties or shortcomings observed to the following address Five Original Corporation / 35 Rue Berthollet 94110 Arcueil, France
For any complaint relating to their Product Order, Customers may send their complaints by post to the Seller, stating the difficulties or shortcomings observed at the address given on the Site.
In the event of a response deemed unsatisfactory by the Customer or the absence of a response within fifteen (15) days of receipt of the complaint, the Customer may request the services of the mediator free of charge by sending a letter by e-mail to the following address mediation-franchise-consommateurs@franchise-fff.com or by post to the following address
The FFF
Franchise Consumer Mediation Committee
29 Boulevard de Courcelles - 75008 Paris
The Customer must specify the subject of his request and attach the documents on which it is based. Upon receipt, the mediator shall notify the Parties of the referral by e-mail or by regular mail.
Within the framework of this mediation, the Client may be assisted by any person of his choice or be represented by a lawyer at his own expense. Each Party may also request the opinion of an expert, the costs of which shall be borne by it. In the event of a joint request for expert advice, the costs shall be shared equally between Five Pizza Original or the Seller and the Customer.
The outcome of the mediation shall take place within a period of ninety (90) days from the notification of its referral by the mediator. The Parties shall be free to accept or refuse the mediator's proposal.
In any event, recourse to mediation is not mandatory. However, if the Customer wishes to request the services of the mediator, he/she must first send a complaint to Five Pizza Original or to the Seller.
In the event that the Customer does not wish to refer the matter to the mediator, or that one of the Parties refuses the mediation proposal, or if no amicable agreement is reached, the Parties shall be free to initiate proceedings before the competent court.
GENERAL CONDITIONS OF USE
ARTICLE 1 - DEFINITIONS
Ordering Take Away: shall mean any order placed on the Site for Take Away Products from a Five Pizza Original Point of Sale.
Account : refers to the personal space that the User can create on the Site to access the Product Ordering service and associated with a login and password.
Personal data : personal information as defined in Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection, which is provided by the User to Five Pizza Original or which is collected by Five Pizza Original in connection with the User's use of the Site.
Five Pizza Original : means the brand operated by Five Corporation Original, a simplified joint stock company with a capital of 2,000 euros, registered in the Paris Trade and Companies Register under number 830 213 203, whose registered office is located at 35-37 Rue Berthollet 94110 Arcueil, France
Point of Sale : means commercial premises in which a business under the Five Pizza Original brand is operated
Products : refers to all products offered for sale on the Site.
Services : refers to the various features and services offered on the Site.
Site : means the website accessible at the following URL: https://five.belorder-preprod.com
User : means any natural person browsing the Site.
ARTICLE 2 - PREAMBLE AND ENFORCEABILITY OF THE GCC
The purpose of these general conditions of use (hereinafter the "GCU") is to define and govern the rights and obligations of the Parties in the context of the use of the Site by the User.
By using the Site, the User accepts these GTC. These are applicable throughout the period of use of the Site and the Services by the User.
The version of the TOS currently posted on the Site is the only version applicable and binding on the User until replaced by a new version. Five Pizza Original reserves the right to modify these TOS at any time and such modifications shall be effective immediately upon posting on the Site.
No waiver of any provision of the TOS shall be deemed a waiver by Five Pizza Original of any provision of the TOS.
If any of the provisions hereof are or become invalid under any present or future legal provision, they shall be deemed unwritten without affecting the validity of the other provisions hereof.
Any commercial relationship between the User and Five Pizza Original shall be governed by the General Terms and Conditions of Sale (hereinafter "GTCS"), which are available on the Site.
ARTICLE 3 - SERVICES
The Site allows Users to access and benefit from the following Services:
The User is advised that all information accessible via this Site is provided on an "as is" basis. Five Pizza Original reserves the right to change the information at any time by updating the Site. Five Pizza Original makes no warranties, express or implied, and assumes no liability in connection with the use of this information.
The User also acknowledges that the Services are subject to constant change without the User being able to object to this.
ARTICLE 4 - ACCESS TO SERVICES
Browsing the Site is accessible to all Users. The User acknowledges that he/she has the necessary skills and means to access and use the Site.
ARTICLE 5 - USER ACCOUNT
To place an Order for Products on the Site, the User can create or log in to his or her Account using his or her email address and password.
The creation of an Account requires the provision of certain Personal Data, collected and retained by Five Pizza Original in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection.
When creating an Account, the User agrees to provide Five Pizza Original with accurate and truthful information and to keep it up to date via the Account administration page.
The User's Account is purely personal. Consequently, the User undertakes to use it personally and never to allow a third party to use it in his place or on his behalf, unless he bears full responsibility for it.
Similarly, the User is responsible for maintaining the confidentiality of their login details, including their password. The User should immediately contact Five Pizza Original if he/she becomes aware that his/her Account has been used without his/her knowledge, in which case Five Pizza Original shall be free to take all appropriate steps to restore the integrity of the Account.
In the event of a breach of these TOS and/or any applicable laws or regulations, Five Pizza Original reserves the right to suspend the User's Account and access to the Services without compensation.
ARTICLE 6 - PRINCIPLE OF USE OF THE SITE
When browsing the Site and using it, the User undertakes to :
report any malfunction to the original Five Pizza immediately;
use the Site in accordance with public order and good morals, and in a manner that is not abusive or unlawful;
not to use any means that would have the effect of limiting the peaceful use of the Site by a third party;
not to use the Site to threaten, harass, stalk, abuse or otherwise violate the rights of Five Pizza Original or any third party;
not to intercept or attempt to intercept Personal Data belonging to third parties;
not falsely represent themselves as an employee, agent or servant of Five Pizza Original;
not to market any or all of the Services offered by Five Pizza Original,
not to deactivate, alter, disassemble, decompile or reverse engineer the Site.
ARTICLE 7 - SITE MANAGEMENT
For the proper management of the Site, Five Pizza Original may at any time:
suspend, interrupt or limit access to all or part of the Site, reserve access to the Site, or to certain parts of the Site, to a specific category of Users;
delete any information that may disrupt its operation or contravene national or international laws;
suspend the Site in order to make updates.
ARTICLE 8 - LIABILITY
Five Pizza Original will use its best efforts to ensure the availability of the Site and the Services.
However, it cannot be held liable:
when the Site proves to be incompatible or presents malfunctions with certain software, configurations, operating systems or equipment of the User;
in the event of a power cut ;
in the event of the User's failure to respond or partial responses to requests for information from the Site;
in the event that the User provides erroneous or false information to the Site's requests.
The User declares that he/she is well aware of the hazards of the Internet, its characteristics and its limits, and recognises and is aware of the following in particular
the possibility of suspension or impossibility of access to the Site;
that data transmissions over the Internet are relatively unreliable and may be subject to saturation at certain times of the day;
that the data circulating on the Internet are not protected against possible misappropriation;
that the Site may be subject to intrusion by unauthorised third parties and attacks of any kind.
Five Pizza Original cannot be held responsible for this.
The equipment used by the User to connect to the Site is under his sole responsibility. The User must take all appropriate measures to protect his equipment and his own data, in particular from viral attacks via the Internet.
Five Pizza Original shall not be responsible for any hypertext links on the Site to other Internet sites that it does not control. As such, Five Pizza Original is not responsible for the content or availability of such sites.
Five Pizza Original shall not be liable:
for any damage resulting from information contained on the Site or from the use of such information;
for the accuracy, errors or omissions contained on this Site.
Five Pizza Original shall bear the consequences of any damage directly attributable to it in the performance of this Agreement in accordance with the law. However, Five Pizza Original shall not be liable in the event of an act of the User or in the event of force majeure, as defined by article 1218 of the French Civil Code and by the case law of the French courts.
The User agrees to indemnify and hold harmless Five Pizza Original from and against any action or claim by any third party arising out of the User's use of the Site, the information the User transmits to Five Pizza Original or the User's breach of these TOS. In this regard, the User concerned shall be responsible for all damages and interest that Five Pizza Original may be ordered to pay, as well as all legal fees and expenses incurred by Five Pizza Original. Five Pizza Original will notify the relevant User as soon as possible of any such claim or action.
ARTICLE 9 - INTELLECTUAL PROPERTY
Nothing in this Agreement or the provision of the Site shall be construed as conferring any transfer of intellectual property rights from Five Pizza Original to the User.
All technology, information, data, documents, know-how and/or formulas communicated by Five Pizza Original to the User in connection with the provision of the Site, as well as all trademarks, logos, trade names and photographs appearing on the Site, shall remain the exclusive property of Five Pizza Original. The User is granted only a personal, non-exclusive, non-assignable and non-transferable right to use the Site.
Any reproduction, representation, use or adaptation, in any form, of all or part of Five Pizza Original's intellectual property without its prior written consent is strictly prohibited. Five Pizza Original's failure to take any action upon becoming aware of such unauthorised use shall not constitute acceptance of such use or a waiver of such action.
ARTICLE 10 - PROTECTION OF PERSONAL DATA
Five Pizza Original undertakes to comply with the provisions of the General Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2019 on the Protection of Personal Data (hereinafter "GDPR"), to make all declarations and obtain all consents and authorisations necessary for the collection and processing of Personal Data and to respect and ensure that its employees respect the confidentiality and security of the Personal Data that may be collected and processed by them in the performance of this Agreement.
In the course of using the Site and accessing the Services, Five Pizza Original may collect and process the User's Personal Information in accordance with the RGPD. The Data collected includes the following: surname, first name, telephone number, email address, date of birth, user ID, password, IP address.
Five Pizza Original uses the Personal Information collected for the purposes of operating the Services for the benefit of Users, improving the functionality of the Site or maintaining a secure environment.
This Data may be communicated to Five Pizza Original's employees and to its partners, if any, responsible for the execution, processing and management of the relationship with the User. Five Pizza Original does not intend to transfer the Data collected outside the European Union.
Users whose Personal Data is processed have a right of access, rectification, erasure, limitation of processing, portability of data, a right to object and a right to give instructions after their death regarding information concerning them, by sending a letter to the following address
Five Corporation Original SAS - 35-37 Rue Berthollet 94110 Arcueil
ARTICLE 11 - TECHNICAL ASSISTANCE
For any information or complaint relating to the operation of the Site, the User is invited to send his question or complaint to the following email address: serviceclient@five.belorder-preprod.com.
ARTICLE 12 - APPLICABLE LAW - JURISDICTION
The relationship between the Parties under these GCU is subject to French law.
In the event of any dispute relating to the aforementioned relations between the Parties, in particular concerning the validity, interpretation or performance of these GCU, the Parties shall attempt in good faith to reach an amicable agreement to resolve the difficulty.
The User may send any complaints by post to Five Pizza Original, stating the difficulties and or failures observed, to the following address Five Corporation Original SAS - 35-37 Rue Berthollet, 94110 Arcueil
In the event that the User receives an unsatisfactory response or no response within fifteen (15) days of receipt of the complaint by Five Pizza Original, the User may request the services of the mediator free of charge by sending an e-mail to mediation-franchise-consommateurs@franchise-fff.com or by post to the following address
The FFF
Franchise Consumer Mediation Committee
29 Boulevard de Courcelles - 75008 Paris
The User must specify the subject of his request and attach the documents on which it is based. Upon receipt, the mediator will notify the Parties of the referral by e-mail or simple mail.
Within the framework of this mediation, the User may be assisted by any person of his choice or be represented by a lawyer at his own expense.
Each Party may also seek expert advice at its own expense. In the event of a joint request for expert advice, the costs shall be shared equally between Five Pizza Original and the User.
The outcome of the mediation shall take place within a period of ninety days from the notification of the referral by the mediator. The Parties shall be free to accept or refuse the mediator's proposal.
In any event, recourse to mediation is not mandatory. However, if the User wishes to request the services of the mediator, he/she must first send his/her complaint to Five Pizza Original.
In the event that the User does not wish to refer the matter to the mediator, or that one of the Parties refuses the mediation proposal, or if no amicable agreement is reached, the Parties shall be free to initiate proceedings before the competent court.
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