Identification
1.1 This website, accessible from the addresses www.bagatelle.com (hereinafter the "Website") is published by the Brand Essence Holding company, under its trade name Bagatelle, a simplified share company (société par actions simplifiée) with a share capital of EUR 1 000, whose registered office is located at 18 Avenue du Général Leclerc, 83990 Saint Tropez, registered with the Business and Companies Register of Fréjus under number 851 831 057.
1.2 The Director of publication of the Website is Mr. CLEMENTE Aymeric, in his capacity as Chairman.
1.3 The Website was designed and created by Bonhomme Paris. The host of the Website is the Naitways company.
1.4 The User may contact Bagatelle for any question relating to the Website or any product or service offered on the Website by writing an email to the address "[email protected]" or by telephone: +33 (0)4 86 800 760.
General information
2.1 Access to the Website, the use thereof and its content are subject to these General Terms of Use. Any access and continuation of navigation on the Website entails the formal and unreserved acceptance of all of these General Terms of Use by the person using the Website.
2.2 The current online version of these General Terms of Use is the only one binding during the entire period of use of the Website and until a new version overrides it. The General Terms of Use may be amended at any time. The User therefore agrees to check the General Terms of Use regularly and to comply with them.
2.3 The information, content and features appearing on the Website are given for information purposes only and may be revised at any time and without notice. Bagatelle has the right, without prior notice to the User, to make any modification that it deems useful.
Bagatelle does not guarantee in any way that the content and information accessible on the Website are accurate, precise, complete or up to date.
In particular, Bagatelle cannot guarantee the prices indicated, which may vary depending on the seasonality of the products on the market, the content of the menus, nor the photos they contain, whether or not accompanied by descriptions, which are for information purposes only and cannot constitute any contractual commitment of Bagatelle.
2.4 Access to and use of the Website are reserved for strictly personal use. The User agrees not to use the Website and the information or data contained therein for commercial, political or advertising purposes or for any form of commercial solicitation.
2.5 Users are not authorized to create a hypertext link to the Website and/or any page of the Website and/or a file contained therein without Bagatelle's prior and formal consent. Bagatelle shall in no way be held responsible for the content of third-party websites presenting such a hypertext link. The existence of a link to or from the Website does not constitute a validation of the third party's website or of its content. Bagatelle declines all responsibility for the content of websites linked to the Website by a hypertext link and cannot be held responsible for problems encountered on any other websites to which links are established, or for any other information published on these websites, as well as for the consequences of their use.
Intellectual property
3.1 Bagatelle is the sole owner of all intellectual property rights pertaining to the Website (including all its contents and functionalities, its general structure, software, texts, animated or still images, sounds, video sequences, know-how, creations, drawings, illustrations, logos, graphic elements, trademarks and other distinctive signs, presentations, articles, files available for downloading, etc. and, more generally, all elements reproduced or used on the Website) or has, as the case may be, validly acquired the rights for such use.
3.2 The User has an individual and private, non-exclusive and non-transferable right of use. The representation, reproduction or use in any manner whatsoever of all or part of the Website and/or its elements, by any process and in any form whatsoever, as well as any use of the Website for purposes other than individual and private consultation, without Bagatelle's formal and prior authorization, is prohibited and constitutes an infringement punishable under the Intellectual Property Code.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these general terms.
You should not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material from this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.
The General Terms of Use do not entail any transfer or license of any intellectual property right to the User other than the right to use the Website in accordance with all the provisions of the General Terms of Use.
Bagatelle's failure to take legal action upon becoming aware of unauthorized uses does not constitute acceptance of such uses and waiver of its right to sue.
Rules of use of the website
4.1 To access the Website, the User should have internet access. Bagatelle agrees to use all means reasonably available to it to ensure that the Website is accessible to Users at all times.
However, Bagatelle may at any time suspend, interrupt or limit access to all or part of the Website, reserve access to the Website, or to certain parts of the Website, to a specific category of Internet users, for technical reasons, failure or disruption of telecommunication systems beyond Bagatelle's control or for service-related needs, and in particular in order to ensure the maintenance of Bagatelle's servers, maintenance and updating of the Website, etc. or when Bagatelle notices a security flaw that could seriously compromise the security of the Data and/or Bagatelle's server. Bagatelle cannot be held liable for this fact.
4.2 Bagatelle cannot be held liable in the event of a failure, outage, difficulty or interruption of operation, in a manner preventing access to the Website or to one of its functionalities, and it does not guarantee uninterrupted access to the Website.
4.3 It is the responsibility of each User to take all measures to ensure the protection of data and software stored on his or her computer, in particular against contamination by viruses or spyware that could be introduced by third parties via Internet.
4.4 You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
4.5 You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
4.6 You must not conduct any systematic or automated data collection activities (including but not limited to scraping, data mining, data extraction and data harvesting) on or in relation to this website without Bagatelle express written consent.
4.7 You must not use this website to pass on or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Bagatelle express written consent.
4.8 This website is provided “as is” without any representations or warranties, whether express or implied. Bagatelle makes no representations or warranties in relation to this website or the information and materials provided on this website.
4.9 The User guarantees Bagatelle that the activity carried out on and via the Website will not be contrary to any law or regulation in force, Bagatelle cannot be held liable for any activity of the User on or via the Website.
Force majeure
5.1 Bagatelle shall not be held responsible for any delay in the performance of its obligations or for any failure to perform its obligations under these General Terms of Use when the circumstances giving rise to it are due to force majeure.
Are explicitly considered as force majeure or fortuitous events, in addition to those usually applied by the case law of French courts, the following events:
Blocking of electronic communications, including electronic communications networks, not foreseeable by Bagatelle, disrupting the norms and standards of its profession, and any other event beyond the control of the parties preventing the normal performance of the obligations arising from these General Terms of Use.
5.2 Any force majeure event affecting the performance of the duties resulting from these General Terms of Use and in particular the access or use of the Website by the User will suspend, as from the date of its occurrence, the performance of these General Terms of Use from such date, and despite the force majeure event, Bagatelle will make its best effort to the extent possible:
To inform users of the existence of the force majeure event;
To re-establish access, even if downgraded, to the website.
It is formally agreed by the parties that Bagatelle's exceptional use of these palliative means during the occurrence of a force majeure event will not give rise to any liability or indemnification.
Limitation of Liability
6.1 The Website may contain links to third party websites that are not owned or controlled by Bagatelle. Bagatelle declines any liability for the content, privacy policy or practices of third-party websites. By using the Website, the User accepts that Bagatelle cannot be held liable for its use of third-party websites and third-party social networks.
6.2 Bagatelle shall in no event be held liable to anyone for any direct or indirect damage caused to the User, third parties and/or the User's equipment, including but not limited, viruses, computer defects or malfunctions, fraudulent intrusion by a third party, loss of goodwill or profits, revenues, opportunities, data, any errors, omissions, losses or delays, whether caused by, in connection with or arising from the use of the Website or any content or other material accessible or downloaded from the Website.
Bagatelle cannot be held liable in case of damage to, or deletion of, data caused by malicious computer codes.
6.3 The User is solely responsible for the use he makes of the Website and of all of its functionalities and for all of the data and information he communicates or provides on the Website and for any other action on his part on the Website and, in particular, when filling in any online form. The User holds Bagatelle harmless against any claim or action by third parties in this respect and Bagatelle shall in no case be held liable for any direct or indirect loss resulting from the use by the User of the Website and all of the data it provides. The User acknowledges and accepts that Bagatelle has no obligation to monitor or control the data and information provided by the User on the Website.
6.4 By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
6.5 You accept that, as a limited liability entity, Bagatelle has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Bagatelle’s officers or employees in respect of any losses you suffer in connection with the website.
6.6 Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Bagatelle’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Bagatelle
6.7 If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, the enforceability of the other provisions of this website disclaimer shall not be affected thereby.
6.8 You hereby compensate Bagatelle and agree to keep Bagatelle compensated against any losses, damages, costs, liabilities and expenses (including but not limited to legal expenses and any amounts paid by Bagatelle to a third party in settlement of a claim or dispute on the advice of Bagatelle’s legal advisers) incurred or suffered by Bagatelle arising out of any breach by you of any provision of these terms and conditions[, or arising from any claim that you have breached any provision of these terms and conditions.
6.9 Without prejudice to Bagatelle other rights under these general terms, if you breach these general terms in any way, Bagatelle may take such action as Bagatelle deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Bagatelle reserves the right to take legal action against any offending User in order to obtain compensation for its own damage.
Personal data
7.1 The data and information that you provide to Bagatelle, in particular when browsing the Website, include personal data, the processing of which is provided for in the personal data processing policy accessible on the Website. Any access and continued browsing on the Website imply express and unreserved acceptance of the personal data processing policy.
7.2 In order to allow the performance of the booking service, Bagatelle may call on sub-contractors.
Tracking files (cookies)
8. The User is informed that during its visits to the Website, tracking files (cookies) may be installed on the browser located on the hard disk of his computer. The processing of these cookies is provided for in the personal data processing policy accessible on the Website. Any access and continued browsing on the Website imply express and unreserved acceptance of the personal data processing policy.
Cookies are small text files that can be used by websites to make the user experience more efficient.
The law stipulates that we cannot store cookies on your device unless they are strictly necessary to the site’s functioning. For all other types of cookies, we are required to ask for your permission.
This site uses different types of cookies.
You may, at any moment, modify or withdraw your consent from the Declaration relating to cookies on our website.
To find out more about who we are, how to contact us, and how we process personal data, please refer to our Privacy Policy.
Applicable law – Disputes
9. The law applicable to the General Terms of Use is French law. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
Any claim or dispute arising from the validity, interpretation or performance of the General Terms of Use shall be brought to the relevant courts in the jurisdiction of the Court of Appeal, under the conditions of ordinary law.
Newsletter
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You may access and obtain copies of data collected about you, object to processing of this data, make corrections, or have it erased. You also have a right to limitation with regard to processing of this data.
Bagatelle’s Data Protection Officer (DPO) is your primary contact for all requests concerning the exercise of your rights regarding data processing.
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You confirm that you have read and understood the Privacy Policy. You may unsubscribe at any moment via provided unsubscribe links or by contacting us at [email protected] (mailto).
Contact
Please note: in accordance with the EU General Data Protection Regulation (GDPR) and the freedom of information act, you may withdraw your consent at any time. You benefit from the right of access to your data. You may also request the correction or suppression of your data. You reserve the right to request a limitation on your data’s processing or under certain circumstances, contest the processing of your data. You may exercise these rights by writing to us here. You also reserve the right to file a complaint with the French Data Protection Authority (CNIL).
You may exercise your rights (access, modification, correction and suppression) at any moment by contacting the following address: [email protected]
