1- SCOPE OF APPLICATION
The general conditions of sale (hereinafter referred to as "GTC") apply to all orders placed and contracts concluded (hereinafter referred to as "Orders") via the website or online marketplace www.e- menew.com from Tryngo Services Sàrl (hereinafter referred to as “E-menew”), made available to hotel and restaurant establishments.
E-menew reserves the right to modify its T & Cs. The version of the T & Cs in force and the version at which the Order is confirmed. It cannot be changed unilaterally for the Order in question.
2- OFFER
The offer is aimed at hotel or restaurant establishments which have their domicile or registered office in Switzerland, the European Union or the United Kingdom (hereinafter “Professional Users”) and who wish to offer their services. to consumers and end customers (hereinafter the “Consumers”).The services offered consist of a technological and data hosting platform (hereinafter referred to as “E-menew Services” or “Services”) which enable Professional Users to offer catering, room service or hospitality services. hosting for their Consumers (hereinafter “Third Party Services”).
Depending on the subscription formula chosen, the E-Menew Services allow Professional Users to offer and update their menu or service proposal in real time, to take online consumer orders (hereinafter Consumer Orders " ), to receive payment for these Consumer Orders and to benefit from statistics and marketing and commercial information.
The offers and the various subscription or subscription formulas remain valid as long as they appear on the E-menew site. Changes to the price and the subscription or subscription formula are possible at any time. The images presented in the advertisements, the flyers, the website, are used for illustrative purposes only and are not contractual. Images, illustrations, descriptions and offers linked to the menus remain the exclusive responsibility of Professional Users.
3- PRICE
The prices of the services offered and invoiced to Professional Users are in Swiss francs for Switzerland, in euros for the countries of the European Community, in pounds sterling for the United Kingdom. In all cases, these prices are expressed as value added tax (VAT) excluded.The price indicated on the E-menew website and selected by the Professional User at the time of the Order is valid.
Additional chargeable services such as additional seizures, assistance, rental and provision of equipment, etc. appear separately in the shopping cart or on additional invoices.
4- ORDER
The different subscription or subscription options for the Services are presented on the E-menew site. E-menew reserves the right to limit the quantities of Orders accepted for certain formulas or within the framework of certain promotions and not to accept the Order if the promotion quota is reached or temporarily if technical constraints impose it.
Any potential Professional User of the Services can submit an account opening request via the E-menew website. This request is considered to be a request to conclude a contract with E-menew. This request includes a request to open a payment account which is subject to a so-called "KYC" (Know Your Customer) control by the payment solution providers of E-menew. Each request must therefore be accompanied by the required supporting documents and is subject to acceptance by E-menew and its suppliers of payment solutions.
E-menew and its payment solution providers may at any time and at their discretion refuse to open a payment account to a potential user without this decision giving rise to damages in favor of the user. potential.
After transmission of the Order, the Professional User automatically receives an acknowledgment of receipt, which confirms that the Order has indeed reached E-menew. The Professional User can then no longer complete or cancel his Order, unless E-menew asks him to provide additional documents.
5- CONCLUSION, DURATION OF THE CONTRACT
5- CONCLUSION, DURATION OF THE CONTRACT
6- PAYMENT POSSIBILITIES
Payments are made in Swiss francs for Switzerland, in euros for European Union countries, in pounds sterling for the United Kingdom.
The accepted payment methods are as follows:
Visa and Mastercard
In the event of payment by credit or debit card, the debit takes place after processing and acceptance of the Consumer Order by E-menew.
Before acceptance of the Consumer Order, E-menew and its payment solution providers perform a series of prior checks.
If the Customer is entitled to refunds or credits, they will be credited to his customer account.
7- SECURITY OF PAYMENTS
E-menew's payment solution providers are subject to the guidelines of the European Banking Authority, Directive (EU) 2015/2366 of the European Parliament and of the Council of November 25, 2015 concerning payment services in the internal market as well as than Commission Delegated Regulation (EU) 2018/389 of 27 November 2017 supplementing Directive (EU) 2015/2366 of the European Parliament and of the Council with regulatory technical standards relating to strong customer authentication and common and secure open standards of communication.
Thus, a strong authentication (3D Secure or any other technical standard in force) is applied for all payment transactions made by credit card to the beneficiary payment account. Exemptions may be applicable depending on the nature of the transaction, the level of risk of the transaction, the amount, the recurring nature and the means used to execute the payment transaction. In the event of tokenization of a bank card, the registration of the bank or payment card may be refused or canceled for security reasons or at the request of its payment service provider.
8- CHARGEBACKS
The Customer is responsible for (i) the amount of all Chargebacks and (ii) the costs of Chargebacks. It is specified that the Customer must comply throughout the duration of the Contract with the following quarterly Chargeback rate: 0.1% maximum. If the quarterly Chargeback rate detected for bank card transactions exceeds 0.3% in volume, E-Menew can immediately modify the prices by simple notification or proceed to the termination of the contract for a deemed serious fault.
9- LATE PAYMENT
If the Customer is in full or partial late payment, all unpaid amounts in any form are due immediately and E-menew can demand payment without delay. In the event of late payment, E-menew reserves the right to interrupt the delivery of the Services.
In the event of late payment, E-menew reserves the right to invoice the Customer for reminder costs and default interest. All costs associated with obtaining the settlement of outstanding debts are the responsibility of the Customer. In the event of unsuccessful summons, the amounts invoiced may be transferred to a collection company. The collection company will assert the unpaid sums in its own name and for its own account. It may receive additional processing fees and default interest from the due date.
Until full payment of all amounts due, the Customer may not claim any compensation / credit for the unusable period of validity of his subscription.
10- GUARANTEE
E-menew provides its services within the framework of its entrepreneurial resources and foreseeable requirements in a careful manner and in accordance with the rules of the art, insofar as E-menew is not unable to provide the services for reasons for which it is not responsible.
The Customer knows that E-menew provides its services via the Internet, in particular by using communication networks. There may be temporary disruptions or interruptions in the performance of E-menew's services, in particular due to technical malfunctions, disturbances and disruptions or interruptions of communication networks and due to a breakdown of IT infrastructure, or other parts of the infrastructure necessary to perform the service. E-menew therefore does not grant any guarantee for the permanent availability and the absence of errors for its services.
Under normal use conditions, E-menew guarantees the availability of the Services 24 hours a day, 7 days a week, with an availability rate of 99.5% and an Environment recovery rate guarantee of four (4) hours.
11- LIMITATION OF RESPONSIBILITIES
In the event of violations of its own contractual obligations resulting from these GTCS, E-menew is liable to its Customer for the amount of the subscription for the period considered for direct and proven damage caused by E- menew by unlawful intent or gross negligence.
Any liability is expressly excluded for indirect damage or consequential damage. Consequential damage is in particular loss of profits, damage to reputation and loss of data following prior disruptions or interruptions in the availability of E-menew's services and following the failure of the marketing channels, transmission errors, erroneous services and errors in Consumer Order confirmations. Any liability of E-menew is excluded for the content of third party sites which link to E-menew sites or to which the E-menew site refers.
12- CUSTOMER RESPONSIBILITIES
E-menew cannot control the completeness, accuracy and legality of the information published by its Customers.
Neither can E-menew check whether its Customer correctly and fully fulfills its service obligations linked to or resulting from the contract concluded between the latter and the Consumer. Only Customers, Professional Users of E-menew Services, and in no case E-menew, are responsible for contractual violations or insufficient quality of services vis-à-vis the Consumer.
Professional Users using the E-menew Services acknowledge that they remain solely responsible for the service they offer to their own customers. It is thus brought to the attention of consumers that E-menew does not provide or is responsible for Third Party Services, in particular the quality of the catering products served or the proper execution of Third Party Services, and that all so-called Third Party Services are provided by third party service providers who are not employed by E-menew.
The illustrations and information made available to Consumers concerning the products (list of ingredients, nutritional values, indications relating to allergens, etc.) serve as an illustration for information purposes only and are the sole responsibility of Professional Users.
13- CONFIDENTIALITY
E-Menew and its Customers (the "Parties") undertake to treat as confidential the information and documents exchanged between them and to which they might have had access during the execution of the contract and the pre-contractual period. Each Party undertakes in particular to keep strictly confidential all information collected as a result of its presence on the premises of the other Party and to observe the utmost discretion as to the techniques, means and procedures of the other Party, of which it would have been required to share knowledge of the fact of the execution of the Contract.
Each of the Parties undertakes to keep Confidential Information strictly confidential, to refrain from communicating it to anyone, except for the purposes strictly necessary for the proper performance of the Contract, and to refrain from using it, directly or indirectly, to any purpose other than the proper performance of the Contract.
14- DATA PROTECTION
The general conditions of sale (hereinafter referred to as "GTC") apply to all orders placed and contracts concluded (hereinafter referred to as "Orders") via the website or online marketplace www.e- menew.com from Tryngo Services Sàrl (hereinafter referred to as “E-menew”), made available to hotel and restaurant establishments.
E-menew reserves the right to modify its T & Cs. The version of the GTC in force and the version at which the Order is confirmed. It cannot be changed unilaterally for the Order in question.
15- PARTNERS
In terms of payment, the E-menew Services rely on Elavon Financial Services DAC, an approved payment institution, in its capacity of acquiring bank.sss
16- CLAIM
Any operational incident or complaint related to the Services must be sent by e-mail to the address contact (at) e-menew.com, and confirmed, in the event of no response within 48 hours, by a followed letter or letter with acknowledgment of receipt addressed to
Tryngo Services Sàrl
E-menew complaint
Office 606
Quai de l'Ile 13
CH-1204 Geneva, Switzerland
E-menew reserves the right to require proof of the incident (screenshot, etc.).
Any incident more particularly related to the payment process may be the subject of a complaint on the site of the payment solution provider:
https://www.lemonway.com/reclamation.
Mediation requests can be made to AFEPAME:
https://mediateur-consommation-afepame.fr/
17- APPLICABLE LAW AND LEGAL FORCE
Swiss substantive law applies to the legal relationship between E-menew and the Customer, excluding the provisions on legal conflicts and the Vienna Convention.
The place of jurisdiction is Geneva, Switzerland.
18- CONTACT AND CUSTOMER SERVICE
You have a question? Check out our FAQs. Here you will find the most frequently asked questions and answers. Otherwise, please contact E-menew customer service by e-mail at contact (at) e-menew.com.
