Terms and conditions

These General Conditions govern the relations between the company PAX ROMANA (EVER'IN CAFE) SAS with a capital of €5,000, having its registered office at 1, Place Séverine 30900 Nîmes, France, registered under the number 834 680 753 RCS Nîmes, operating the restaurant EVER'IN CAFE (hereinafter the "Company") on the one hand, and on the other hand any natural or legal person (hereinafter the "Customer") wishing to make a reservation request or placing an order at within the EVER'IN CAFE restaurant or via the website https://www.everincafe.com (hereinafter the "Website").
The Customer expressly acknowledges having read and being bound by these General Conditions as soon as he has ticked the box "I accept the General Conditions" as part of the online booking or ordering process.

Article 1: object

The purpose of these General Conditions is to determine the conditions under which the Customer can make, online, through the reservation system accessible on the Website, a reservation request in order to benefit from the catering services offered by the EVER restaurant. 'IN CAFE located 1 Place Séverine, 30900 Nîmes, or place an order for take-out products on the Website.
Any access and/or use of the Website and the payment provider's platform implies full and unreserved acceptance of all of these general terms and conditions of sale. They therefore constitute a contract between the Company and the Client.
In the event that the Customer does not wish to accept all or part of these General Conditions, he is asked to renounce all use of the Website.

Article 2: Entire contract

These general conditions express the entirety of the obligations of the parties. No general or specific condition communicated by the Customer may be incorporated into these General Conditions.

Article 3: Terms of reservation

Online booking is made using the form available at https://www.everincafe.com/. It is up to the Customer to fill in all the fields of the aforementioned form, and to indicate in particular the date on which he wishes to benefit from the catering services as well as the service (lunch - dinner), the time and the number of covers desired. .
In the event of unavailability concerning the reservation date requested, the reservation service may offer, if possible, an alternative which it is up to the Customer to request, accept or refuse.
After acceptance of the reservation, a confirmation summarizing the elements of the reservation request (date, service, time, number of covers, etc.) will be sent to the Customer. It is the Customer's responsibility to verify the elements indicated and, if necessary, to inform the Company as soon as possible of any error made during the reservation process.
In the event that the Customer does not receive confirmation of his reservation by e-mail, it is his responsibility to contact the Company as soon as possible.
The Customer will pay the amount of the bill corresponding to the services provided within the EVER'IN CAFE restaurant directly and in full on site, on the day scheduled when booking.

Article 4: Cancellation of a reservation

Any cancellation of a reservation must be made no later than 24 hours before the date and time of the scheduled reservation. At the end of this 24-hour period, the cancellation will not be taken into account.
In order to cancel a reservation within the aforementioned period, the Customer may:
- send an e-mail to the address opposite: reservations@everincafe.com (date and time of sending the e-mail being authentic) specifying the details of your reservation (name, date, time and number of covers)
- by telephone on +33 (0)4 66 23 73 09 specifying the name, date, time and number of covers booked.

Article 5: Penalties in the event of failure to show up after a reservation at the restaurant

In the event of failure to present the Customer on the date and at the time scheduled for his reservation and if the reservation has not been canceled under the conditions provided for in article 3 above, the Customer may be subject to a penalty of €90 per cover not honored.

Article 6: Liability and guarantee when booking in the restaurant

The Company undertakes, except in cases of force majeure, to provide catering services within the EVER'IN CAFE restaurant for the number of covers, on the day and at the time indicated in the booking confirmation sent to the Customer by mail. electronically in accordance with the provisions of article 2 above.
The Company cannot in any way be held responsible for the Customer's failure to show up on the day and time indicated in the linked reservation confirmation, in particular without this list being exhaustive, for an oversight, an error in the date or time of reservation, failure to receive confirmation of his reservation, etc. The information indicated on the Website, relating in particular to the prices and the content of the menus, as well as the photographs it contains are purely indicative and do not constitute a contractual commitment.

Article 7: Descriptions and methods of taking distance selling

These General Conditions of Distance Selling govern the contractual relationship between, on the one hand, the Company and, on the other hand, each Customer placing an order by telephone or via the Website.
As part of the order form on the Website, the click that the Customer executes will constitute the validation of his order and will signify the full and unreserved acceptance of these General Conditions.
The Customer also acknowledges having the legal capacity to conclude this contract and having read these General Conditions, prior to placing his order.
As such, placing an order on the Website implies unreserved acceptance by the Customer of the General Conditions in force on the day of the order and available on the Website.
The Company reserves the right to adapt or modify these General Conditions at any time without notice. These modifications are applicable and enforceable against the Customer from the time they are posted on the Website and apply to any subsequent order. The version of the General Conditions applicable at the time the order is placed is available on the Website.

Article 8: Registration on the Website

Taking an order via the Website requires registration to create a customer account (hereinafter, the "Customer Account"). To this end, the Customer completes the registration form available directly on the Website, chooses an identifier associated with a valid e-mail address and a password. He undertakes to keep this information strictly confidential and not to communicate it to third parties, in order to avoid as much as possible any risk of intrusion into his Customer Account.
The Company cannot be held responsible for any unauthorized use of the Client Account by a third party who would have had access to the corresponding identifier and password, without fault on the part of the Company, and in particular if the identifier and the password has been communicated to a third party by the Customer or due to his negligence.
Once the registration has been completed, a summary e-mail is sent to the Customer at the e-mail address provided.

Article 9: Price

The prices of products ordered on the Website are visible when consulting the Website. They are expressed in Euros, and are applied for the duration of their display on the website.
The Company cannot be held responsible in the event of a discrepancy between the prices on the Website and the prices in the restaurant.
A minimum order may be required by the Company.
The prices are expressed in euros all taxes included. They take into account the VAT applicable on the day of the order. Any change in the VAT rate may be passed on to the prices of the products.

Article 10. Payment

The amount of purchases made by the Customer on the Company's Website is that which appears when confirming the order or payment by card.
The Customer guarantees to the Company that he has the necessary authorizations to use the payment method chosen, when validating the order form.
For payment by card, the provisions relating to the fraudulent use of payment by card in the agreements concluded between the Customer and the issuer of the card and between the Company and its banking establishment, apply.
In order to reinforce the security of the transactions, the Customer may be asked to present the bank card used for the payment of the order accompanied by an identity document, when picking up the order in the restaurant.
The Company reserves the right to cancel any order from an Internet user with whom there is a dispute relating to the payment of a previous order.
A minimum order may be required by the Company to pay online for the order placed by the user on the Website.
Reimbursement of an order made online on the Website is possible if the order is canceled before 5:00 p.m. on the day preceding the withdrawal of the said order and on request by sending an e-mail to the Company or by joining them by telephone before time of withdrawal of said order. The refund is made within 15 to 20 days.

Article 11. Acceptance of order

The "PAY" button associated with the click procedure, authentication and non-repudiation and the protection of all messages constitute an electronic signature. This electronic signature has value between the parties as a handwritten signature.
For any order placed by the Customer on the Website, the "click" constitutes an irrevocable acceptance which can only be called into question in the cases exhaustively provided for in this contract.

Article 12. Customer Account

By registering on the Website, the Customer accepts that his data will be recorded.

The Customer may request the modification of his personal information on simple request by sending an email tosupport@everincafe.com.

If the Client's account is inactive for a period of 3 years after its last connection, the Client's account will be deactivated. The Customer will be notified 2 weeks before the deadline.

Article 13. Liability

The Company assumes no responsibility for the use or content of the products ordered on the site. The products offered comply with the French and Community legislation in force.
The photographs and texts reproduced on the Website are not contractual and are for information only. The Company cannot be held liable if an error has crept into one of these photographs or one of these texts.
The Company cannot be held liable for any direct or indirect damage (loss of data, financial loss, etc.) which may result from the connection or use of the Website or the information contained therein.
Given the specificities of the Internet network, the Company cannot be held responsible for the non-performance of the contract concluded. Similarly, in the event of default by the Partner, force majeure, and in particular, in the event of a total or partial strike, flood, fire, stoppage of transport and/or telecommunications, etc.
Orders placed on the Platforms must be consumed within a maximum of 2 hours following the withdrawal. The Company declines all responsibility in the event that the products withdrawn are not consumed immediately.

Article 14: Right of cancellation or withdrawal

The right of withdrawal does not apply to perishable products. Consequently, the Customer has no right of withdrawal and cannot return to his order once it has been registered on the Website.
Exceptionally, the Company agrees to cancel an order if the order is canceled before 5:00 p.m. on the day preceding the withdrawal of the said order and on request by sending an e-mail to the Company at the address reservations@everincafe.com or by contacting them by telephone before the pick-up time of said order.
The Company / or the Partner reserves the right to no longer accept orders from a user on the Website that it deems not to respect the exceptional nature of cancellations.

Article 15: Securing

Thanks to the technologies used, the Company guarantees the customer that he is using a secure means of payment. The entire payment phase between the customer and the secure system is fully encrypted and protected.
As such, the Company guarantees the absence of printed matter clearly mentioning the number of the customer's bank card. For information, the Company uses the STRIPE system.
B. All data relating to Customer orders (first name, last name and credit card number) are encrypted so that the information that the Customer communicates is protected during transmission to our payment processing center. In addition, the cryptology means and services used to secure the transactions have been the subject, as the case may be, of a declaration or authorization in application of the legislation in force.

Article 16: Processing of personal data

The Company implements all reasonable means to ensure the confidentiality and security of data transmitted on the web.
The information requested from each Customer is necessary for the processing of his order and may be communicated to the Company's partners to carry out analyzes of the data collected.
In accordance with the Data Protection Act of January 6, 1978, the customer has the right to access and rectify personal data concerning him. As such, the customer may oppose the communication of this data to third parties. The exercise of these rights is to be carried out with: EVER'IN CAFE, 1 Place Séverine 30900 Nîmes, with proof of identity (photocopy of an identity document).
For more information, please consult our Personal Data and Cookies management policy.

Section 17: Cookies

For technical reasons, to facilitate the customer's navigation on the Platforms and allow him to benefit from our offers, the Company uses "cookies". The Company informs the client that he is not exposed to any risk by accepting the use of this system.
For more information on cookies, please consult our Personal Data and cookie management policy.

Section 18: Evidence

The Company is authorized to keep the computerized registers, kept in the computer systems of the said Company, which will be considered as proof of the communications, orders and payments made between the user, the Partner, the Company via the Website.

Article 19: Orders including alcoholic beverages

In accordance with Ordinance No. 59-107 of January 7, 1959, and under the terms of Article L. 80 of the Code of drinking establishments and measures against alcoholism, the sale of alcohol to minors is prohibited. By placing an order on the Website and if his order includes one or more alcoholic beverages, the user acknowledges and swears that he is 18 years old on the date of the order.
Alcohol abuse is dangerous for health. By the mere fact of placing an order on the Website, the Customer expressly waives the benefit of article 1587 of the Civil Code, which only provides for the definitive conclusion of the sale of wine after tasting and approval by the buyer.
Alcohol cannot be sold alone on the Website.

Article 20 - Information:

The information published, including its appearance and characteristics, on the Website is non-binding.
This information does not in any way constitute an assertion, a guarantee or any commitment on the part of the Company with regard to any product or service.
The Company has made every effort to ensure that the information accessible via its Website is accurate. However, the Company does not guarantee in any way that this information is accurate, complete and up-to-date.
The Company does not provide any guarantee, express or tacit, concerning all or part of its Website. Under no circumstances can it be held liable for any direct or indirect damage, whatever its nature, resulting from the use of its Website.
The establishment of hypertext links to other sites or resources available on the Internet network, cannot engage the responsibility of the Company nor that of its host for the content offered by the designated sites.
The creation of hypertext links to the Website can only be made with the prior written authorization of The Company.

Article 21 - Intellectual and industrial property rights:

The EVER'IN CAFE restaurant website is an intellectual work protected by the laws of intellectual property as provided for in Book I, Titles I and II of the Intellectual Property Code in its legislative part. The Website and each of its components are the exclusive property of The Company.
Any reproduction or representation, in whole or in part, of the site or any of the elements that compose it, without the written consent of its owner, is prohibited, as is their alteration. The Internet user may not modify, reproduce or adapt any product, including all or part of the website and the data it contains (including photos). The Internet user may not copy by any means whatsoever, download, market, resell, distribute, retransmit, publish, perform an automated download, in any form whatsoever, any data available or hosted on the site.
Failure to comply with this prohibition constitutes an infringement which may engage the civil and criminal liability of the counterfeiter. In addition, third party owners of infringing content, regardless of its nature, are entitled to take legal action against infringers. This provision also applies to passing Internet users.
The trademarks and domain names that appear on the EVER'IN CAFE restaurant website are the exclusive property of The Company (PAX ROMANA). Any reproduction or use of these trademarks or domain names, in any manner and for any reason whatsoever, is prohibited.

Article 22: Settlement of disputes

These General Conditions are subject to French law. Any dispute between the Company and a Client who is a legal person, relating to their execution and their consequences will be subject to the jurisdiction of the competent courts of Nîmes to which the Parties expressly grant jurisdiction, including in the event of summary proceedings, warranty claims or plurality of defendants.