Tahiti Food General Conditions of Sale and Service
Welcome users to our tahitifood.com site and to our applications (our “Service”). This page (with the referenced documents) presents the conditions under which our partner restaurants provide you with their dishes (the “Dishes”) appearing on our website and web application.
If you have any questions about these terms, please contact us at email@example.com before ordering. If you do not fully agree to these terms, do not use our Service.
The original translation of the conditions is in French.
I. About Us
tahitifood.com is a website operated by Tahiti Food,
Tahiti number: In the process of being registered (awaiting ICRA)
Tahiti Food acts as an agent on behalf of the Partner Restaurant (“Partner Restaurant”), Tahiti Food aims to provide a simple, fast and practical service by putting you in touch with our partner restaurants who offer Dishes, and take the orders you place. Once you have placed an order, your Dishes will be delivered to you by Tahiti Food or by our Partner Restaurant, we will keep you informed of the delivery method applied before your order.
III. Availability and delivery
Our mission is to ensure that you get the best possible delivery service.
Unfortunately, things cannot always go as planned and hazards that we cannot control such as traffic or weather conditions can sometimes prevent us from achieving our goals, or those of our Partner Restaurants. We do our best to ensure the delivery of your Dishes within the timeframe indicated on the web page and mobile application.
The delivery time of your order is measured according to the number of orders and the conditions to which the Partner Restaurant is subject at that time (average preparation time of an order, for example).
IV. Availability of Services
The Tahiti Food Service is available for all of its Partner Restaurants located in Tahiti. Each Tahiti Food Partner Restaurant has a delivery sector defined by a radius in Km, in order to guarantee that its dishes arrive at your home as soon as possible. Opening hours vary depending on the availability of our Partner Restaurants. If you live outside of the delivery areas, you will not see the restaurant concerned or otherwise a message will appear on the screen indicating that your online order will be impossible due to your geographic location.
V. Our Responsibility
Within the limits authorized by law, Tahiti Food provides its Service and its content “as is” and “according to availability”.
According to the provisions below, neither Tahiti Food nor any partner Restaurant whatsoever has any liability towards you with regard to direct, indirect or specific losses or contractual damages, due to harm (including negligence) or otherwise arising from your use of or inability to use our Service. If Tahiti Food or the Partner Restaurant is liable to you, our total cumulative liability is limited to the purchase price of the Dishes you paid for in your order. This does not include and does not in any way limit the liability of Tahiti Food or a partner restaurant on a subject for which it would be illegal for us to exclude or attempt to exclude or that it excludes or attempts to exclude our or its liability, in particular, liability for death or personal injury due (due) to negligence or fraud or fraudulent misrepresentation.
The sales contract is concluded between you and the Restaurant. The Partner Restaurant you choose is an independent merchant, separate from our business and over which we have no control. Consequently, apart from the strict legal conditions, our responsibility cannot be engaged in this respect.
The partner Restaurant, seller, is liable for defects in the conformity of the goods with the contract under the conditions of article L 211-4 of the Consumer Code and for defects of the item sold in the event of hidden defects (article 1641 Civil Code) and the legal guarantee of conformity (article L211-4 and following the Consumer Code).
VI. The orders
Each order placed through our Service will be sent to the Partner Restaurant for confirmation. The order is final once it has been accepted by the Partner Restaurant.
We will then send you, on behalf of the Partner Restaurant, a notification thanking you for your order and confirming that it has been received and accepted by the Partner Restaurant (the “Confirmation Notification”). By placing an order with our Services, you are acting on your own behalf.
The contract for the supply of any Dishes that you order through us is concluded between you and the Partner Restaurant and is only concluded from the sending of the confirmation email.
We thank you for verifying that the e-mail address you have given us is correct as it is this which will enable us to communicate with you regarding your order.
Please also verify that you provide the correct address and telephone number, to ensure that your Dishes are delivered to the right place. If you do not open the door and answer the phone within 10 minutes of your “Tahiti Food Delivery” delivery person arriving at your address, we reserve the right to leave and bill you for the Dishes.
Tahiti Food wishes to provide quality service and is your first point of contact in the event of a problem with your Dishes, whether it concerns the quality or the temperature of the Dishes. We monitor our Partner Restaurants 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 Partner Restaurants or Dishes by e-mail or by contacting us about your order from our platform.
Through the ordering process, you expressly accept the application of these general conditions of service.
VII. The dishes
All Dishes are offered subject to availability. Your Partner Restaurant may offer a replacement solution for a Dish that they cannot provide to you at the time.
In case of allergies to certain foods, please call our Partner Restaurant before ordering. Tahiti Food cannot guarantee that the Dishes sold by our Partner Restaurants are allergen-free. When ordering, a text box will allow you to attach a comment to warn of your food allergy.
VIII. Alcohol Sales
1 – Alcoholic beverages can only be sold to people over 18 years of age and proof may be required by your delivery person “Tahiti Food Delivery or Partner Delivery” (article L3342-1 of the Public Health Code). Your delivery person (Tahiti Food Delivery) may refuse to provide alcohol to anyone who appears to be under 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 old. Any violation of this article engages your exclusive personal responsibility.
2 – Alcohol abuse is dangerous for your health. Know how to consume and enjoy in moderation. By the mere fact of placing an order on our “website”, you expressly waive the benefit of article 1587 of the Civil Code which provides that the conclusion of the sale of wine becomes final only after tasting and approval of the buyer. .
3 – If you are identified as a minor, your delivery person (Tahiti Food Delivery) will take back the entire order and the sum corresponding to this order will be refunded to you, nevertheless deducted from a flat rate of 1000XPF compensating the costs borne by the Tahiti Food Delivery and due to non-compliance with these conditions and cancellation of the order.
4 – In the event that a delivered drink is unfit for consumption (for example a corked bottle), the Customer is invited to contact Tahiti Food as soon as possible and no later than 24 hours from delivery in order to proceed with the refund or exchange of the ordered product. Tahiti Food will then send a delivery person (Tahiti Food Delivery) to collect the drink and verify with the seller that the drink is indeed unfit for consumption. Tahiti Food reserves the right to refuse any exchange or refund in the event of a drink consumed of more than a quarter of its content and / or which has not been returned in its original container with original cap. If the seller confirms that the drink is indeed unfit for consumption, Tahiti Food will exchange or refund it, at no cost to the Customer.
You have the right to cancel an order within a reasonable time and before the Restaurant Partner has started to prepare the order (“Order Released”). Customers can cancel an order by contacting the Partner Restaurant. Tahiti Food and the Partner Restaurant can cancel an order and inform you in this case. Orders canceled in accordance with this clause will not be billed to you. Any payment made before the cancellation of an order by Tahiti Food or a Partner Restaurant is generally reimbursed by the same means as the one you used to pay for your order. Each order canceled after becoming a Released Order is billed to you. Tahiti Food alone establishes whether or not an order is a Launched Order.
You do not have the right of withdrawal, under the provisions of Article L121-21-8 paragraph 4 of the Consumer Code, the Dishes, objects of the contract being perishable foodstuffs.
X. Price And Payment
The price of the dishes is indicated in our service. The prices are inclusive of VAT with the delivery costs. Prices vary depending on the menu. The prices are likely to be revised at any time by the partner Restaurant but the changes do not apply to orders for which you have received confirmation, unless there is an obvious error in the price: in this case, we notify you as soon as possible about the price problem. You can cancel your order when we notify you of the error. Despite our best efforts, the price of some Extra dishes in our service may be incorrect. The Partner Restaurant concerned normally checks its prices as part of the ordering process.
All Meals can be paid by credit card through our Service.
The following methods of payment are accepted: bank cards (Visa, Mastercard, American-Express.).
Local Polynesian cards are not accepted.
By agreeing to contract on the basis of these conditions, you explicitly acknowledge your payment obligation. Once your order has been confirmed, your credit card receives a debit authorization and the amount is reserved for debit.
Payment is made directly to Tahiti Food which then forwards it to the Partner Restaurant. We are authorized by our partner Restaurants to accept payment on their behalf and payment of the price of Dishes for our benefit releases you from your obligation to pay this price to the partner Restaurant.
When you have selected a Partner Restaurant that offers a Delivery, you can also make your payment in cash directly to the Partner Restaurant’s delivery person at the time of delivery if the restaurant accepts it, this option will therefore be visible at the time of payment.
Neither you, nor Tahiti Food, nor the partner Restaurant are liable to the other parties for a delay or failure to perform their obligations under this contract if said delay or absence is independent of his will, including, but not limited to, the following events: natural disaster, government provision, war, fire, flood, explosion or popular movements.
If any provision of this contract is found to be illegal or unenforceable, the full enforceability of the other provisions remains.
XIII. Indivisible contract
These conditions contain the entire contract between the parties relating to its subject matter and replace all previous contracts and agreements between the parties relating to this subject.
XIV. Our Right To Change These Terms
Tahiti Food may revise these conditions at any time by modifying 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.
XV. Events Independent Of Our Will
Neither party is liable vis-à-vis the other for a delay or failure to perform its obligations under this contract if said delay or absence is beyond its control, including , in a non-exhaustive way, the following events: natural disaster, governmental provision, war, fire, flood, explosion or popular movements. For the avoidance of doubt, nothing in clause XV authorizes the customer to fail to meet its payment obligations under this contract.
XVI. Law and jurisdiction