General terms and conditions for subscribing to shares in SAS LE PARE-FAIM
Article 1. Presentation of the company organizing the operation
The company organizing the operation is EURL PARE-FAIM, a limited liability company with capital of €5,250 located at route de Nay, 64110 UZOS (in the Pyrénées-Atlantiques region) and registered with the Pau trade and companies register under number 522 164 276.
Article 2. Purpose of the operation
The purpose of these terms and conditions is to govern the subscription of a share in SAS LE PARE-FAIM, giving the holder the opportunity to become the sole shareholder of SAS LE PARE-FAIM, at random, as defined in article 7 hereof.
If the conditions defined in the present rules are met, SAS LE PARE-FAIM, which will have a single partner, the winner of the operation, will be the owner of a restaurant business and the holder of a €10,000 bank account.
The characteristics of the business are available here.
Article 3. Conditions of participation
The present operation is open to as many people as possible. However, only natural persons of legal age, able to preside over a commercial company under French law and able to obtain a catering license may be declared winners of the operation.
Persons who have not provided full bank details and identity, or who have provided them inaccurately or falsely, will be disqualified.
To ensure compliance with the present rules, the organizing company reserves the right to verify the identity of participants, their place of residence and their capacity.
Verification of these qualities will be carried out after the draw.
Participation in the operation implies pure and simple acceptance of the present rules, in all their provisions.
Article 4. Subscription amount
The price of one share is set at €50. The price can only be paid through this page.
Article 5. Rights and obligations attached to subscribed shares
Each share confers on its holder :
- The right to take part in a draw in the exclusive presence of all subscribers to Class B shares;
- Each share entitles the subscriber to one chance in the draw, although a subscriber may subscribe to several shares;
- All shares held by subscribers who are not selected at random will be cancelled at the end of the draw;
- In consideration for the cancellation of the Class B shares held, each subscriber will be entitled to payment of one euro per share.
- The share whose beneficiary will be drawn at random will be the sole shareholder of the Company; the share capital of the Company will then amount to €50 and will consist of a single share.
Article 6. Organization of the subscription
The subscription period begins on the date this page goes online and will end no later than noon on October 31, 2023. The operation has been extended by one month; consequently, the subscription period will end no later than midnight on November 30, 2023.
The minimum subscription amount is €150,000. The maximum subscription amount is €500,000.
If the cumulative subscription amount exceeds €500,000 before the closing date for subscriptions, the call for funds will be closed.
Each subscriber will receive an e-mail within 48 hours of the closing date, informing them of the closure of the subscription and the date of the draw.
Article 7. Organization of the draw
The draw will be carried out by a judicial commissioner. Each share subscribed will give the right to participate in the draw with a chance of becoming the sole shareholder. There is no limit to the number of shares that may be subscribed.
The commissioner will draw up a list of ten prizewinners, who will be ranked.
The prizewinners will be contacted in order of ranking to check their suitability for the operation and to finalize the subscription. Failure to reply to e-mail solicitations from the operation organizer within 48 hours will be interpreted as a waiver of the right to the draw.
The identity of the sole final winner will be published on the operation website.
Article 8. Refund of subscription
The subscription will be refunded to the subscriber only in five cases:
- The cumulative amount of subscriptions does not reach the minimum of €150,000 and the draw is cancelled;
- The maximum amount of €500,000 has been reached;
- Settlement takes place after the close of trading or after the trade deadline;
- The subscriber has been selected by lottery but does not meet the conditions required to be president of a company or to operate a public house, or remains silent at the organizer's request for 48 hours;
- The operation is cancelled by the organizing company.
In all other cases, requests for reimbursement will be rejected.
Reimbursement will be made by bank transfer to the account provided by the subscriber.
Subscription payments are irrevocable. Participants who are not selected at random may request the cancellation price (one euro) of their subscription from EURL PARE-FAIM, organizer of the present operation, by registered letter with acknowledgement of receipt, within one month of the draw, to the address of the organizing company's head office.
Article 9. Modification of the rules
The organising company reserves the right, if circumstances so require, to modify, shorten, extend or cancel the operation.
The modification will come into effect on the date of publication on the operation's website.
Article 10. Liability
The organising company shall not be liable for :
- in the event of malfunction of the network or access platforms;*destruction of information provided by subscribers for a reason not attributable to the organizing company;
- the consequences of any delay, loss, theft or damage to postal or electronic mail for which it is not responsible.
If the smooth administrative running of the operation is disrupted for reasons beyond the control of the organizing company, and in particular in the event of fraud or malicious intent on the part of third parties, the organizing company reserves the right to cancel the operation.
Article 11ème. Data processing and freedom
Personal data collected as part of the operation is necessary for your participation to be taken into account. It will be destroyed by the organizing company and its service providers at the end of the operation.
Article 12ème. Special information
Applicants are informed that subscribing for a share is a legal act that creates rights and obligations, and that the final winner of the operation is likely to hold a corporate office, operate a public house and manage a restaurant. Candidates are reminded that the exercise of a corporate mandate is a source of considerable responsibility which may lead to financial, administrative or penal sanctions.
Subscribing to a share in a simplified joint stock company is a commercial and financial act governed by the provisions of articles L 227-1 et seq. of the French Commercial Code, as well as by the company's articles of association. It leads to the ownership of a financial security, the ownership of which implies rights and obligations, it being specified that at the end of the present operation, only the final winner's share will not be cancelled.
The final winner is to hold the office of Chairman of a société par actions simplifiées.
The company's articles of association are available here.
Article 13. Disputes
Any dispute or claim relating to this operation must be made in writing to the head office of the organizing company before October 30, 2023. Any difficulty must be the subject of an attempt at amicable settlement. An unsuccessful attempt at amicable settlement is a prerequisite for any legal action. Except in the event of public order provisions to the contrary, the competent courts are those of the organizing company's head office.