GENERAL TERMS AND CONDITIONS OF SALE AND USE OF GIFT CARDS

Update: July 5, 2025

 

I- / Definitions

The terms defined below beginning with a capital letter, in both the singular and plural, have the following meanings in this document:

Beneficiary : refers to the person using the Gift Card (Experience or Custom).

Experience” gift cards : refers to documents including a card containing the offer, the locations, the number, the validity period and the description enabling the user to take advantage of an offer within an establishment. The “Experience” Gift Card is delivered either digitally or physically.

Made-to-measure” gift cards : refers to documents including a card credited with an amount to be spent and containing the conditions of application, locations, number and period of validity (date of validity and amount initially credited are indicated on the medium accompanying the card). The “Made-to-measure” gift card is delivered either digitally or physically.

Customer : refers to the person (natural or legal) who purchases an “Experience” or “Customized” Gift Card, it being understood that the Customer may or may not be the Beneficiary of the service depending on whether he or she will make personal use of the “Experience” and/or “Customized” Card or whether the “Experience” and/or “Customized” Card is intended for use by another Beneficiary.

In the digital version, you will receive a document in PDF format that will enable you to print out or present on your smartphone the bar code of the “Experience” and/or “Made-to-measure” gift card.

The “Experience” gift cards come in three flavors: “L’Expérience Saint-Germain-des-Prés”, “Menu en trois temps pour deux” and “Brunch Rive Gauche pour deux”.

Personal data : refers to all information transmitted by the Customer that directly or indirectly identifies a physical person (surname, first name, e-mail address).

Establishment(s) : refers to the place(s) in which the service(s) covered by the use of a Gift Card may be delivered. Depending on the Gift Card, this may be the Café Restaurant “Les Deux Magots” (6 Place Saint Germain des Prés 75006 Paris), the Hotel “Le Régent” (61 rue Dauphine 75006 Paris) or the boutique “Comptoirs Les Deux Magots” (2 rue de Buci 75006 Paris).

Vendor : refers to SAS LDM DEVELOPPEMENT which offers and sells the Gift Cards, and which reserves the right to add to the list of “Experience” Gift Cards available for sale or to cease issuing them at its sole discretion and at any time.

Service(s) : refers to the entire offer provided by the Establishment in which the Beneficiary wishes to use the Gift Card he/she is carrying, provided that the category of Gift Cards in question allows access to the desired service(s).

Site : designates the https://comptoirs-lesdeuxmagots.fr site (under construction)

Points of Sale: refers to the physical points of sale of the “Experience” gift cards and “Custom-made” gift cards listed below:

  • Les Deux Magots, 6 Place Saint-Germain-des-Prés 75006 Paris
  • Comptoirs Les Deux Magots, 2 Rue de Buci 75006 Paris
  • Hôtel Le Régent, 61 Rue Dauphine 75006 Paris

Service réservation: refers to the compulsory reservation platform for accessing the services associated with the “Experience” Gift Card. It is open Monday to Friday, 9am to 5pm, and can be contacted by telephone on +33 1 45 48 33 86 or by e-mail: reservation@lesdeuxmagots.fr

 

II- / General terms and conditions of sale and use (GTCU)

The Vendor offers “Experience” and “Tailor-made” gift cards at points of sale and, in the near future, online(https://comptoirs-lesdeuxmagots.fr), enabling the Customer or the Beneficiary carrying the gift card to access the Services corresponding to the card chosen by the Customer.

The Vendor of these Cards is SAS LDM DEVELOPPEMENT, headquartered at 82 rue Mazarine, 75006, Paris, France, registered in Paris under number 950 809 848.

The Cards are edited and produced by the service provider NUMEN MARKETING.

SAS LDM DEVELOPPEMENT and the Establishment declare that they hold professional liability insurance for the provision of services and that they possess all authorizations and accreditations enabling them to carry out their activities in a regular manner and in compliance with the applicable legal and regulatory provisions.

The Customer is invited to carefully read the entirety of these General Terms and Conditions of Sale and Use (GTCU), which define the terms and conditions under which Gift Cards are sold. The Customer acknowledges that he/she has fully understood and accepts them unreservedly before ordering any Gift Cards.

ARTICLE 1: APPLICATION AND ENFORCEABILITY

The present General Terms and Conditions of Sale apply only to purchases of “Experience” or “Made-to-Measure” Gift Cards in our Points of Sale or on the https://comptoirs-lesdeuxmagots.fr website (online boutique, under construction). They take precedence over any purchasing conditions of the Customer.

SAS LDM DEVELOPPEMENT reserves the right to modify these terms and conditions at any time. In this case, the version of the GCS applicable to an order will be that in force on the day of the order.

The Customer declares that he/she has the legal capacity pursuant to article 1145 et seq. of the French Civil Code to contract and use the Site in accordance with the General Terms and Conditions of Sale and Use of the Site.

The Customer declares that he/she will use the Site in accordance with the General Terms and Conditions of Sale, in his/her own name and/or in the name and on behalf of any final Beneficiary of the Service to whom he/she will remit the acquired Gift Card.

The Customer undertakes to hand over the present conditions (including the terms of use of the Gift Cards) to the Beneficiary of the Gift Card acquired in order to use the Services.

The fact that the Vendor or the Establishment does not avail itself of the Contract and/or these GCS at a given time shall not be construed as a waiver of its right to do so at a later date.

For an online purchase, the Customer must have a valid and active e-mail address and must ensure that he receives his e-mails correctly (including in the “junk mail” tab). He/she undertakes to check the contents of his/her e-mail box regularly.

When purchasing online, the Customer is responsible for the information provided when purchasing a Gift Card. The Vendor cannot be held responsible for the impossibility of transmitting the Gift Card purchased by e-mail if the Customer has provided an incorrect address. Likewise, the Customer is responsible for regularly checking his or her e-mail in order to be aware of e-mails relating to his or her online Gift Card purchase.

When purchasing a Gift Card online, the Customer may provide the Beneficiary’s contact details so that the Vendor can send the Gift Card to the Beneficiary by post. In this case, the Customer is responsible for the contact details he/she transmits, and the Vendor cannot be held responsible for non-receipt of the shipment due to an error in the Beneficiary’s contact details.

Fraudulent use of the Site, or use that contravenes these GCS, may result in the Customer or Beneficiary being denied access to the Services at any time.

Each Gift Card bears a 19-digit barcode, which is authentic for information concerning its validity date and the amount initially credited by the Customer at the time of purchase.

Except in the case of fraud, of which it is up to the Customer to provide proof, the Customer and the Beneficiary are financially responsible for their actions on the Site, and in particular for the use made of their user name and password. They also guarantee the truthfulness and accuracy of the information they enter on the Site.

ARTICLE 2: CONTRACT FORMATION AND ONLINE ORDERING PROCESS

Once the service has been activated on the site, the Customer can place orders for physical or digital Gift Cards directly :

The procedure for placing orders on the Site will involve the following stages:

  • Selection on the Site of one or more “Experience” and/or “Made-to-Measure” Gift Cards added to the basket,
  • Following this selection, a “basket” summary is displayed, showing all the choices and the total price of the Gift Cards selected,
  • Creation of a customer account for authentication and login,
  • A summary of the basket is displayed, enabling the customer to check the details of his order and make any changes he deems necessary, to choose his method of payment, to register his order and to accept these GTC by a “first click”,
  • Recording of the Customer’s order after its last validation, i.e. after a “second click” on “Pay now”,
  • Validation of payment by the customer via a secure interface. Once payment has been validated, the order is final and an order confirmation email summarizing all the elements relating to the order will be sent to the customer.

ARTICLE 3: CHARACTERISTICS OF THE SERVICES COVERED BY “EXPERIENCE” GIFT CARDS AND “MADE-TO-MEASURE” GIFT CARDS

In accordance with article L 111-1 of the French Consumer Code, the Customer may, prior to placing an Order, take note, on the Site, of the essential characteristics of the service(s) he/she wishes to order.

The Customer selects one or more Gift Cards from the various Gift Cards offered on the Site and purchases them at points of sale or online (site under construction).

ARTICLE 4: CONDITIONS OF USE FOR “EXPERIENCE” GIFT CARDS

Article 4.1 : In the event that the Customer is not a Beneficiary of the Gift Card, the Customer is invited to inform the Beneficiary of the conditions set out below.

The Customer and any Beneficiary are hereby informed that Gift Cards may not be exchanged, reimbursed or given any financial consideration, either in their use or in the event of non-use during their period of validity.

Article 4.2 : In order to access the “Experience” Service, the Beneficiary must make a reservation according to the establishment’s availability by contacting the Reservation Department, either by telephone on: +33 1 45 48 33 86, or by e-mail: reservation@lesdeuxmagots.fr. Reservations may be modified up to 72 hours before the date of the booked service, failing which the service will be billed and debited from the “Experience” card.

Article 4.3: Only the PDF document of the “Experience” Gift Card sent by e-mail or physically purchased in our Points of Sale entitles the recipient to a service.

Article 4.4 : The “Experience” Gift Card is valid subject to availability at Les Deux Magots and/or Hôtel Le Régent during the period of validity of the Card indicated on the document attached to the card.

Article 4.5 : The Customer acknowledges that the services of the “Experience” Gift Card do not include transportation to the place of service of the selected establishment, nor the tourist tax which must be paid by the Beneficiary for any accommodation service.

Article 4.6 : Details concerning the Services are communicated to the Beneficiary at the time of reservation through the Reservation Service. For example, details of the 3-course menu offered at Les Deux Magots will be communicated at that time (dishes and wines vary according to the season and the Chef’s choice), and brunch is only offered at weekends and on public holidays. Any service and/or consumption outside the menu offered as part of the menu is considered as an extra and must be paid for by the Beneficiary directly to the establishment.

Article 4.7: The Vendor and/or the Establishment shall use their best efforts to describe the Service(s) and provide photographs and illustrations giving the Customer an overview of the Services offered in the “Experience” Gift Cards, which may vary according to the seasons and the availability of foodstuffs. These photographs and illustrations are not contractual and shall under no circumstances constitute an essential element of the contract. These photographs and illustrations are for information purposes only and may differ from the Services offered as part of the “Experience” Gift Card (room renovation, seasonal dish à la carte, changing brunch composition, etc.).

Article 4.8 : In the event that the “Experience” Gift Card is not used within its period of validity, or is lost, stolen or destroyed, the Beneficiary shall not be entitled to any reimbursement or compensation whatsoever.

Article 4.9 : The “Experience” Gift Card is reserved for Customers and Beneficiaries over 18 years of age. The Establishment will not accept a reservation from a minor unaccompanied by a person of legal age. Consequently, the Establishment may not be blamed for failing to perform the agreed Services in the event that, despite this prohibition, an unaccompanied minor comes to an establishment to take advantage of the Services offered in the “Experience” Gift Card. Such an act would be considered as a fault on the part of the Customer, exonerating the Vendor and the Establishment from liability.

The customer is also duly informed that, in accordance with the provisions of article L-3342-1 of the French Public Health Code, the sale of alcoholic beverages to minors under the age of 18 is prohibited.

Article 4.10 : A Beneficiary with a disability or incapacity must inform the Establishment of this fact and indicate any special needs arising from it at the time of booking. The establishment will do its utmost to take appropriate measures whenever possible.

ARTICLE 5: CONDITIONS OF USE FOR “MADE-TO-MEASURE” GIFT CARDS

Article 5.1 : In the event that the Customer is not a Beneficiary of the Gift Card, the Customer is invited to inform the Beneficiary of the conditions set out below.

Article 5.2 : The “Made-to-measure” gift card has a minimum credit of €50 and a maximum credit of €990. It can be purchased in increments of €10, starting from the minimum credit of €50. The amount credited to the card can be used in one or more instalments, and can be topped up as required by direct payment to the establishment.

Article 5.3 : The “Made-to-measure” Gift Card purchased physically in our Points of Sale or the PDF document sent by e-mail entitles the holder to a Gift Card loaded with an amount that can be spent in the following establishments:

  • Les Deux Magots, 6 Place Saint-Germain-des-Prés 75006 Paris
  • Comptoirs Les Deux Magots, 2 Rue de Buci 75006 Paris
  • Hôtel Le Régent, 61 Rue Dauphine 75006 Paris

As well as on the site: https: //comptoirs-lesdeuxmagots.fr (store under construction) when the service is available.

Article 5.4 : “Made-to-measure” gift cards cannot be used as payment:

  • Tips

Article 5.6 : The photographs presented in the “Made-to-measure” Gift Card are not contractual. Reproduction in whole or in part is prohibited and may result in legal action.

Article 5.7: The Vendor and The Establishment make every effort to describe the Service and provide photographs and illustrations giving the Customer an overview of the Services offered in the “Made-to-Measure” Gift Card. These photographs and illustrations are not contractual and do not constitute an essential element of the contract. These photographs and illustrations are for information purposes only, and may differ from the Services that will be offered during the Beneficiary’s visit (menu-card changes according to seasons and foodstuff arrivals, etc.).

Article 5.8 : In the event of non-use within its period of validity, loss, theft or destruction of the “Customized” Gift Card, the Beneficiary shall not be entitled to any reimbursement or compensation of any kind whatsoever.

Article 5.9 : The “Sur-mesure” gift card is reserved for Customers/Beneficiaries over 18 years of age, in accordance with the provisions of article L-3342-1 of the French Public Health Code, since the sale of alcoholic beverages to minors is prohibited. The Establishment will not accept that a minor unaccompanied by an adult (as defined by law) presents himself or herself with a “Sur-mesure” gift card to consume the Services offered in one of the Establishments. Such action would be considered a fault on the part of the Customer, exonerating the Establishment of its liability.

ARTICLE 6: PRICES AND PAYMENT TERMS

Article 6.1: Prices

SAS LDM DEVELOPPEMENT reserves the right to modify its prices at any time, it being specified that the price of “Experience” gift cards displayed on the Site is that in force on the day of the order and includes VAT.

In the event of delivery of Gift Cards to the Beneficiary, at the Customer’s request, delivery charges may be applied and invoiced in addition to the cost of the services. This amount will be communicated to the Customer at the time of the online order or point-of-sale purchase, depending on the destination of the Gift Card shipment.

Article 6.2: Terms and conditions of payment

Payment for the Gift Card may be made by credit card or in cash at Points of Sale only.

The full amount of the order must be paid on the day of the order or purchase of the Gift Card. SAS LDM DEVELOPPEMENT reserves the right to suspend order processing and delivery in the event of non-payment or refusal of bank authorization for online payment. The Site allows customers to transmit their bank details confidentially and securely when placing an order (secure entry using SSL encryption).

As part of this procedure, the Vendor may have to suspend the processing of an order and contact the Customer or Beneficiary to obtain the supporting documents required to release the order: proof of address, identity or bank details. These proofs must correspond to the delivery and invoicing details entered at the time of the Order, as well as, where applicable, to the details of the holder of the payment card used.

In the case of an Order for which the delivery address is different from the billing address, the Seller may need to contact the two persons mentioned, i.e. the person attached to the billing address and the person indicated for the delivery address.

The information obtained in this context may be processed automatically, with the aim of defining a level of transaction security and combating credit card fraud.

These documents may be requested by e-mail, post or telephone. Failure to do so may result in cancellation of the order.

ARTICLE 7: CONDITIONS FOR EXERCISING THE LEGAL RIGHT OF WITHDRAWAL

For gift card orders placed remotely only via the https://comptoirs-lesdeuxmagots.fr website when the online store is available, and in accordance with article L. 221-18 of the French Consumer Code, the individual customer will have a period of 14 (fourteen) days from the date of receipt of the “Experience” and/or “Made-to-Measure” gift card containing the products ordered, to exercise his or her legal right of withdrawal without having to give reasons for his or her decision.

This exercise will not be possible if the Service linked to the Gift Card is consumed by the Customer or the Beneficiary of the said Card before the expiry of the 14-day period.

In the case of an online purchase on the Site (when the online store is available) :

SAS LDM DEVELOPPEMENT will provide the customer with a retraction form accessible on the site: https: //comptoirs-lesdeuxmagots.fr. In the same way, if the customer intends to return the Gift Card to the Beneficiary before the 14-day period has expired, he/she undertakes to complete the withdrawal form available on the site.

The Customer must inform the Vendor of his clear and unambiguous decision to withdraw from the purchase.

The following information must be provided:

  • First and last names ;
  • Order number ;
  • The name of the “Experience” gift card concerned or specify that it concerns the “Customized” gift card;
  • The number of the “Experience” gift card and/or the “Customized” gift card

The withdrawal or waiver form should be sent to the Reservations Department by e-mail: reservation@lesdeuxmagots.fr or by post to the address below:

Gift Card Department
SAS LES DEUX MAGOTS
6 Place Saint-Germain-des-Prés
75006 Paris

Once the request for retraction has been received by the Vendor, the latter will send the Customer an acknowledgement of receipt of the retraction by any means and will refund the Gift Card(s) within 14 days to the credit card used for the online purchase.

Once the Customer has exercised his/her right of withdrawal, the “Experience” and/or “Customized” Gift Card(s) may no longer be used by the Beneficiary.

The return by post of the Gift Card(s) having been the subject of a retraction by the individual Customer is made at the exclusive expense of the said Customer (by post with “tracking” option or by registered post).

Experience” and/or “Tailor-made” Gift Cards purchased online cannot be reimbursed at our Points of Sale. Failure to follow the Seller’s instructions for exercising the right of withdrawal will result in the impossibility of implementing the subsequent reimbursement. Consequently, the individual customer is hereby informed of the importance of complying with each stage of the withdrawal procedure.

In the case of a purchase in our Points of Sale :

The customer has no right of withdrawal, which applies only to distance sales.

ARTICLE 8: PROOF OF ORDER/ARCHIVING

The customer is expressly informed that, except in the case of an obvious error for which he/she must provide proof, the data stored in SAS LDM DEVELOPPEMENT’s databases have evidential value with respect to orders placed.

Data stored on computer or electronic media constitute admissible and opposable evidence in the same terms and with the same probative force as any document received and stored in writing.

ARTICLE 9: DELIVERY

Article 9.1: Availability of “Experience” and “Custom” gift cards

The “Experience” and “Made-to-measure” gift cards offered by SAS LDM DEVELOPPEMENT are products issued in limited quantities, firstly because of the limited reception capacities and secondly because of the time-limited validity of these services.

In the event of a temporary or permanent stock shortage, the Customer will be informed by the Establishment of this unavailability and the order will not be processed.

In the event of product availability, SAS LDM DEVELOPPEMENT will do its utmost to honour any Gift Card order placed by the Customer.

Article 9.2 : Delivery/shipping costs, place and time of delivery if the Customer purchases a physical Gift Card on the Site

The zones/countries to which the Seller can deliver Gift Cards are available on request.

An “Experience” and/or “Made-to-Measure” Gift Card purchased on the Site is sent to a Beneficiary by digital or postal mail. The digital shipment is sent in PDF format, which can be downloaded by the Beneficiary. The Beneficiary can then print it out or have it on his or her mobile phone to present to the establishment’s reception desk for delivery of the service.

ARTICLE 10: NON-CONFORMITY

The Customer or the Beneficiary must immediately report any damage or problem occurring during the shipping/delivery of the Gift Card, following an online purchase.

Any Gift Card delivered must be carefully checked by the Customer or Beneficiary.

ARTICLE 11: LIABILITY

Within the framework of online sales, SAS LDM DEVELOPPEMENT is only bound by an obligation of means. SAS LDM DEVELOPPEMENT may not be held responsible for damages of any kind, whether material or immaterial, that may result from the improper use of identifiers or the ordering procedure. SAS LDM DEVELOPPEMENT cannot be held responsible for any risk inherent in the use of the Internet, such as loss of data, intrusion, virus, service interruption or any other similar risk.

ARTICLE 12: CUSTOMER SERVICE-COMPLAINTS

Any request for information or complaint by the Customer must be addressed to the Vendor:

  • Or by telephone on +33 1 45 48 33 86
  • Or by e-mail to: reservation@lesdeuxmagots.fr

ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS

The Establishment’s trademark as well as all figurative or nonfigurative trademarks and more generally all other trademarks, illustrations, images and logos appearing on the “Experience” and/or “Made-to-Measure” Gift Cards, their accessories and packaging, whether registered or not, are and will remain the exclusive property of the Vendor and/or the Establishment.

Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Etablissement, is strictly forbidden and will be liable to recourse by the latter.

The same applies to any combination or conjunction with any other trademark, symbol, logotype or, more generally, any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models and patents which are the property of the Seller or the Establishment.

ARTICLE 14 – CONFIDENTIALITY OF PERSONAL DATA

All personal data collected by SAS LDM DEVELOPPEMENT, by any means whatsoever, is for the exclusive use of the Establishment.

In accordance with Article 34 of the French Data Protection Act 78-17 of January 6, 1978, as amended, and the General Data Protection Regulation (EU Regulation 2016/679) or “RGPD”, the Customer has the right to access, modify, rectify and delete data concerning him or her.

To exercise his rights, the Customer may contact the Establishment by e-mail at the following address: contact@lesdeuxmagots.fr. In order to have more information concerning the collection and processing of personal data carried out by the Seller, the Customer may consult the Privacy Policy for personal data on our Website https://comptoirs-lesdeuxmagots.fr, referring to the heading “In accordance with the RGPD law”.

ARTICLE 15 – ACTS OF GOD – FORCE MAJEURE

The performance by the Establishment of its obligations under these GCS will be suspended in the event of the occurrence of a fortuitous event or force majeure in accordance with articles 1218 and 1351 of the French Civil Code, which would hinder or delay performance.

ARTICLE 16: NULLITY

Should any of the stipulations of the present GTS prove to be null and void with regard to a rule of law in force or a judicial decision that has become final, it will then be deemed unwritten, without however entailing the nullitý of the present GTS, nor altering the validitý of its other provisions.

ARTICLE 17: APPLICABLE LAW

The applicable law is French law for all disputes relating, in particular, to the validity, interpretation, performance or termination of these GCS and related contracts.

ARTICLE 18: JURISDICTION (SETTLEMENT OF DISPUTES)

In application of law n°2016-301, the Beneficiary may, if he wishes and without this being obligatory, have recourse to the consumer mediator concerning disputes arising from consumption.

The customer may also contact the Tourism and Travel Ombudsman (Médiateur du Tourisme et du Voyage).

Before lodging a complaint, the customer must write to the establishment concerned by registered letter with acknowledgement of receipt.

To contact the mediation body, the customer must fill in a claim form available at http://www.mtv.travel/ and follow the steps indicated on the site.

The competent court will be the Tribunal des Activités Economiques de Paris in the case of a dispute between merchants and assimilated persons (companies, branches, etc.) and will be that of the defendant’s place of domicile in the case of a dispute with a consumer or, at the choice of the plaintiff, the place of actual delivery of the Gift Card in other cases.