TERMS AND CONDITIONS
I. INTRODUCTION
This document defines the conditions of use of the website www.aveforchetta.ro and of any web page (website, landing page, etc.) owned, managed or under the umbrella of the company AVE FORCHETTA TANDEM S.R.L. ("Website") by its users, including by guests of the AVE FORCHETTA restaurant.
Use of the Website implies the explicit, full and unconditional acceptance of these Terms and Conditions, as set out below (the “Terms and Conditions”). Thus, by using the Website, you confirm that you have read and accepted the Terms and Conditions as presented below and that you have the age, capacity and standing required to access and use the Website in accordance with the applicable law. Non-acceptance of the Terms and Conditions obliges the user to stop accessing and using the Website and results in the impossibility of obtaining the information available on it. Access to and use of the Website are thus subject to the Terms and Conditions, as well as to all applicable legislation.
If you have any questions or concerns regarding the Terms and Conditions, please contact us using the contact details indicated at the end of this document.
Aspects regarding the processing of personal data are governed by Chapter VI of these Terms and Conditions (PROTECTION OF PERSONAL DATA (GDPR)) and by the Privacy Policy, which completes the chapter in the Terms and Conditions. Please read the Privacy Policy regarding the processed personal data in its entirety by accessing the link https://aveforchetta.ro/politica-de-confidentialitate/. In addition, in addition to the Privacy Policy, please consult the Cookies Policy by accessing the link https://aveforchetta.ro/politica-cookies/.
II. IDENTITY
The AVE FORCHETTA restaurant is managed by the company AVE FORCHETTA TANDEM S.R.L., which also owns the Website, and has the identification data below:
AVE FORCHETTA TANDEM S.R.L. (AVE FORCHETTA), J40/6269/2022, CUI RO45903653, with registered office in BUCHAREST, SECTOR 1, STR. MATEI MILLO NO. 5, TANDEM OFFICE BUILDING, GROUND FLOOR, operator of the AVE FORCHETTA restaurant in Bucharest, sector 1, Str. Matei Millo no. 5, TANDEM Office Building, ground floor; telephone number and e-mail address are available on the Website.
III. INTELLECTUAL PROPERTY, USE OF THE WEBSITE AND LIMITATION OF LIABILITY
Users acknowledge that they understand that the intellectual property rights in the Website and its content, including, without limitation, photographs, images, web graphic elements, symbols, texts, software programs, scripts and trademarks belong to AVE FORCHETTA and are protected by intellectual property legislation, including Law No. 8/1996 on copyright and related rights, as subsequently amended and supplemented
As a result, use of the Website and of its content, in whole or in part, is permitted only with the consent of AVE FORCHETTA, under the conditions indicated below.
a) USE OF THE WEBSITE AND ITS CONTENT
As a user, you must comply with the Terms and Conditions, as well as with all policies made available on the Website.
The Website and its content may be used only for personal purposes and only in accordance with AVE FORCHETTA's instructions. Any attempt to exploit the Website for commercial purposes or in a manner contrary to AVE FORCHETTA's interests is prohibited.
Thus, it is not permitted to use the Website, or its content, in whole or in part, in an inappropriate manner, such as, without limitation, attempting to influence or access them other than through the interface and in accordance with the instructions provided by AVE FORCHETTA, including any attempt to modify the images and information presented on the Website, attempting to manipulate the Website's functionalities, attempting to upload viruses or similar programs, posting or transmitting illegal, discriminatory, racist, false, misleading, threatening, offensive, defamatory, obscene or otherwise harmful content, using automated tools or robots to access and index the Website's content, or attempting to provide promotional content.
A single download of specific information, on a single device, for personal, non-commercial use is permitted, provided that all intellectual property rights are respected. No other use arising from accessing and/or using the Website is permitted, including, without limitation, capturing, copying, uploading, displaying, publishing, archiving, reproducing, retrieving, transmitting, distributing, publishing, modifying, or creating derivative works, in any form, in whole or in part, of the Website and/or its content, including the materials presented on it and/or other elements included in it, by any person, without first obtaining the written consent of AVE FORCHETTA. Supporting or collaborating with any person in connection with any of the activities mentioned above is likewise prohibited.
AVE FORCHETTA may grant the user, at the user's express request, through a prior express written agreement, the right to use, in an expressly accepted form, certain content of the Website for purposes other than those permitted under these Terms and Conditions. Such an agreement shall apply strictly to the defined content/contents, for the period established in the agreement and to the person(s) permitted to use it.
The use on the Website of any name, trademark or logo of a third party does not constitute advertising for that entity, and such name, trademark and/or logo are not the property of AVE FORCHETTA.
Any content posted or published by users on the Website, such as, without limitation, questions, suggestions or comments, will not be considered confidential and/or protected by users' intellectual property rights. AVE FORCHETTA is not liable for such content. In addition, AVE FORCHETTA shall have the right to use such content without any time, geographical or other limitation and without any obligation to pay any amount for this purpose. To the extent that content posted or published by users on the Website is protected by law through intellectual property rights, users grant AVE FORCHETTA, through these Terms and Conditions, an irrevocable and non-exclusive right to use, including to reproduce, distribute, communicate publicly, retransmit and create derivative works from, such content, without any time, geographical, purpose or other limitation and without any obligation on AVE FORCHETTA's part to pay any amount for this purpose, and also without any obligation on AVE FORCHETTA's part to make use of such rights in any way. Users represent and warrant that any content posted or published by them on the Website belongs to them and/or that they have the right to grant AVE FORCHETTA the rights mentioned in these Terms and Conditions and that it does not infringe the rights of any third party with respect to such content; furthermore, users undertake to maintain such rights for an indefinite period.
Failure to comply with these Terms and Conditions and/or any policy made available on the Website, including the use of the Website or its content without AVE FORCHETTA's consent, is punishable in accordance with the applicable legislation. The legal holders of the infringed rights, including those of the images and information presented on the Website, are entitled to address the competent courts for the sanctioning of such infringements, as well as to take any other legal steps to protect their rights and to recover any damages caused to them by such infringement.
In addition, AVE FORCHETTA may suspend or terminate access to the Website and/or the provision of services to users who do not comply with the Terms and Conditions and/or AVE FORCHETTA's policies, or in the event that AVE FORCHETTA investigates conduct suspected of being inappropriate, or in situations where suspicious activities of the kind mentioned in these Terms and Conditions, without limitation, are identified, as well as in the event of any other breach of applicable legislation. AVE FORCHETTA also has the right to remove from the Website any content posted by a user or third party that breaches the provisions of these Terms and Conditions, may harm the rights of third parties, or breaches applicable legal provisions, without being obliged to notify the users or third parties concerned. For this purpose, AVE FORCHETTA may establish any filters it deems necessary to prevent such breaches, behaviors and activities.
Please report to marketing@aveforchetta.ro any possible infringement of AVE FORCHETTA's intellectual property rights noticed on the Website, as well as any apparently illegal activities carried out by any other user or third party and any apparently illegal information provided by any user or third party. AVE FORCHETTA will examine any notification received in this regard, to the extent that it includes a clear description and indications regarding the infringement/information reported and its storage location, as well as a sufficiently well-founded explanation of the reasons for the report and will take the necessary measures, as appropriate.
b) LIMITATION OF LIABILITY
AVE FORCHETTA makes all reasonable efforts to ensure that the information provided on the Website is correct, complete, accurate and up-to-date, but, to the maximum extent permitted by law, assumes no responsibility or liability for omissions and errors in its content. In such cases, users shall notify AVE FORCHETTA at marketing@aveforchetta.ro, which shall attempt to remedy the deficiencies in a reasonable manner.
The culinary preparations presented on the Website are photographed and presented with the aim of reflecting the products offered as faithfully as possible. However, there may be minor differences in presentation, decoration or the final appearance of the preparations, due to the specific nature of the preparation and serving process.
AVE FORCHETTA makes all reasonable efforts to ensure that the descriptions, images and information displayed on the Website are correct, complete and up to date.
Except where otherwise provided in these Terms and Conditions and to the maximum extent permitted by law, we do not represent or warrant:
Access to and/or use of the Website and browsing it are at the users' own risk. Thus, by accessing and/or using this Website, users agree that, to the maximum extent permitted by law, AVE FORCHETTA cannot be held liable for any damages caused by accessing and/or using the Website and browsing it, including damages arising from a link to which the Website refers (even if AVE FORCHETTA had been informed of such damages), from the use of the Website by other users, or from the impossibility of accessing the Website; such damages may include, by way of example but without limitation, malfunctions, viruses, effects of cyberattacks or attacks using other harmful IT tools, which may appear on and/or affect users' computers/phones or other work equipment, the programs or applications on them, the data, or any other materials or any other platform on which the Website is used.
Any links to other websites are provided solely for the purpose of increased accessibility of information; however, AVE FORCHETTA assumes no liability for the content of such websites, for the products or services promoted or sold through them, or for the operation, legality or applicable policies of such websites. Access to such websites is at the user's own risk. Given that the terms and conditions of the mentioned websites may be changed without notice to AVE FORCHETTA by the economic operators of those websites, the user is responsible for checking the terms and conditions applicable directly on those websites.
AVE FORCHETTA is not liable for any loss, costs, proceedings, claims, expenses or similar, caused by failure to comply with the Terms and Conditions and/or the policies made available on the Website
IV. USE OF THE ONLINE ORDERING PLATFORM FOR RESTAURANT AND BAR PRODUCTS (“Dine IN”) ON THE PREMISES OF THE AVE FORCHETTA RESTAURANT AND ONLINE RESERVATIONS
Food and beverage orders within the venue are placed by scanning a QR code made available at the AVE FORCHETTA restaurant.
The AVE FORCHETTA restaurant provides guests with the Dine In Application, through which they can place an order for products from the restaurant's menu, which will be served to them on the premises.
For clarity, we note that the Website can be used exclusively to make reservations at the AVE FORCHETTA restaurant, without being able to place orders for products from the restaurant's menu. Orders can be placed through the Dine In Application, to which separate Terms and Conditions and policies apply.
Reservations at the AVE FORCHETTA restaurant can be made using the form available on the Website. Reservations do not involve payment of any amount by users and are made at least 24 hours before the day and time of the reservation, subject to availability.
Reservations can be modified at least 12 hours before the day and time of the reservation, subject to availability.
Reservations can be cancelled at least 24 hours before the day and time of the reservation, without payment of any amount. In the case of cancellations that do not comply with the above conditions regarding the cancellation of reservations, AVE FORCHETTA reserves the right to refuse to make subsequent reservations for the users concerned. Users do not benefit from any additional right of withdrawal other than the right to cancel orders as set out above
The AVE FORCHETTA restaurant may cancel reservations in the event that any of the data or information provided by the user is incomplete or incorrect.
The user is responsible for the accuracy and updating of the data provided for account registration and/or placing an order in the Dine In Application, as well as for the accuracy and updating of the data provided in the reservation form.
V. PROMOTIONS AND SPECIAL OFFERS
AVE FORCHETTA independently establishes the rules for the promotions and special offers it runs. Active promotions are brought to guests' attention through the Website, the Dine In Application, email, newsletter or other promotional means. Only participants who fully comply with the communicated rules benefit from the promotions.
VI. PROTECTION OF PERSONAL DATA (GDPR)
The website processes users' personal data in accordance with applicable law, including Regulation (EU) 2016/679 (General Data Protection Regulation -- GDPR). Data may be collected, among other things, through online forms, for purposes such as bookings, subscribing to the newsletter or sending messages. For more details on the collection of personal data and their processing in general, see the Privacy Policy by accessing the link https://aveforchetta.ro/politica-de-confidentialitate/ and the Cookie Policy by accessing the link https://aveforchetta.ro/politica-cookies/.
Users benefit from the following rights:
To exercise these rights, users can contact the AVE FORCHETTA data protection officer by email at marketing@aveforchetta.ro.
VII. AMENDMENTS
AVE FORCHETTA reserves the right to modify, update or discontinue the operation of the Website and to modify, update or delete any content published on the Website at any time, without prior notice.
AVE FORCHETTA also reserves the right to modify and update these Terms and Conditions from time to time. Any modifications and updates will be notified to users in advance, through a notification sent within a reasonable time. However, users are advised to periodically check the Terms and Conditions and the content of the Website in order to be informed of any modifications and updates and to comply with the Terms and Conditions and AVE FORCHETTA's policies accordingly.
VIII. APPLICABLE LAW AND JURISDICTION
The Terms and Conditions are governed by Romanian law and any dispute regarding the Terms and Conditions will be resolved by the competent courts. Any dispute between AVE FORCHETTA and users, including guests of the AVE FORCHETTA restaurant, may, however, be resolved amicably. In this regard, users may contact AveForchetta at marketing@aveforchetta.ro. Notifying AVE FORCHETTA in order to resolve a dispute does not affect the right of users to formulate requests and/or complaints through any legal means available to them, including through any alternative dispute resolution bodies that legally offer dispute resolution services, including through the ADR platform of the National Authority for Consumer Protection (available at https://anpc.ro/ce-este-sal/) and the SOL platform of the European Commission (available at https://ec.europa.eu/consumers/odr).
IX. FINAL PROVISIONS
In the event that one or more clauses of these Terms and Conditions are declared, in whole or in part, null, voidable, invalid or unenforceable, regardless of the cause, the clause declared null, invalid or unenforceable shall not affect the validity and enforceability of the other clauses, which shall continue to apply accordingly.
