Terms & Conditions

Last modified: October 2021

Article 1: Applicability / Definitions

  1. These General Terms and Conditions apply to the service.
    Eatcard B.V. is not responsible for the offerings.
  2. By placing an order/reservation, the User directly enters into
    an agreement with the Restaurant for the delivery of
    the selected order by the customer. Furthermore,
    the User agrees, by placing an order and/or reservation,
    to the applicable terms and conditions of the Restaurant.
  3. Definitions: In these General Terms and the
    associated Privacy and Cookie Policy, the following
    definitions are used, in both singular and plural form:

    1. Customer: the natural person, 18 years of age or older,
      or if younger than 18 years, with the consent of the parent(s)/guardian(s)
      for this purpose or presumed to have such consent, or a legal entity,
      who enters into an agreement with the Restaurant
      via the ordering/reservation service of Eatcard B.V.
    2. Account: an account with login details that allows
      the customer to use the (additional) services of Eatcard B.V.
    3. General Terms and Conditions: these general terms and conditions,
      regardless of the form in which they are made known.
    4. Order Service: the website(s) or application(s) of the Restaurant for,
      among other things, providing information about products and offers,
      and forwarding orders to the Restaurant.
    5. Reservation Service: the website(s) and/or application(s) of the Restaurant for,
      among other things, making reservations at the Restaurant.
    6. Order: the order of (food) products placed
      by the Customer through the ordering service.
    7. Reservation: a reservation placed by
      the Customer through Eatcard B.V. at the Restaurant.
    8. User: the natural person (including the Customer)
      who visits and/or uses the application(s) of Eatcard B.V. in any form.

  4. The Restaurant is at all times entitled
    to amend or supplement applicable terms and conditions.
  5. The Restaurant and Eatcard B.V. expressly reject
    the applicability of any terms and conditions of the Customer and/or User.
  6. To the extent that any provision of the General Terms and Conditions
    is declared null and void or is invalidated,
    the remaining provisions remain in full force.
  7. Any ambiguities and/or disputes regarding the interpretation
    or content of one or more provisions of these General Terms and Conditions
    or situations not covered by these General Terms and Conditions shall
    be assessed and interpreted in accordance with the spirit
    of these General Terms and Conditions.

Article 2: The Offer

  1. The offer is published by Eatcard B.V. on behalf
    of the Restaurant on the Restaurant’s website. Eatcard B.V.
    accepts no responsibility or liability for the content
    of the offer and the information from the Restaurant.
  2. If an offer has a limited validity period or is subject to conditions,
    this will be explicitly stated in the offer.
  3. The offer includes a complete and accurate description of the products,
    digital content, and/or services offered. If Eatcard B.V. uses images,
    these are intended as examples. The images do not provide a true
    representation of the products, services, and/or digital content offered.
    Obvious mistakes or errors in the offer
    do not bind either Eatcard B.V. or the Restaurant.
  4. Each offer contains information that makes it clear to
    the Customer what the rights and obligations are that are associated
    with accepting the offer.
  5. Eatcard B.V. does not accept liability
    for the accessibility of the Restaurant’s website.

Article 3: The Ordering Agreement, Service, and/or Reservation Service

  1. The agreement/service is concluded at the moment the Customer
    finalizes the order by placing their order or reservation.
  2. Upon receiving the order/reservation,
    Eatcard B.V. will send a confirmation
    email acknowledging the acceptance of the offer.
  3. Eatcard B.V. takes appropriate technical and organizational
    measures to secure the electronic transmission of data and ensures
    a safe online environment.
  4. Eatcard B.V. bears no liability, nor can it be established,
    regarding the execution of its services.
  5. Eatcard B.V. has compiled the content of the used Ordering Service
    and/or Reservation System with the utmost care. Nevertheless, Eatcard B.V.
    cannot vouch for accuracy, completeness, and suitability. Consequently,
    any express or implied warranties, representations, liabilities,
    or indemnities of any kind or for any reason are excluded. Eatcard B.V.
    does not guarantee that the offered services are correct, complete,
    suitable, current, reliable, or lawful. Furthermore, Eatcard B.V.
    does not provide guarantees regarding the accessibility of
    the ordering service and/or reservation system,
    nor that it will function uninterrupted, be free of viruses,
    trojans, or other errors and/or defects. However, the Restaurant
    will make every effort to limit the risks for Customers,
    considering the state of the art.
  6. The Restaurant is entitled to permanently
    or temporarily deny the User access to the services
    at any time and without providing reasons
    and deactivate the User’s account.
  7. In connection with the information regarding
    the status of the Order/Reservation, the Customer must
    be reachable by phone or email
    (as indicated when placing the Order/Reservation)
    to both the Restaurant and Eatcard B.V.
    after the Order/Reservation has been placed.
  8. If the Customer chooses delivery for the order,
    they must be present at the delivery address specified
    by the Customer to receive the order.
  9. If the Customer chooses to pick up the order,
    they must be present at the selected time at
    the Restaurant’s pickup location, as indicated
    in the confirmation email from Eatcard B.V.
  10. Eatcard B.V. does not accept any liability
    in connection with the execution of the Agreement.
  11. Eatcard B.V. can, within legal limits, assess whether
    the Customer can meet their payment obligations, as well as all
    those facts and factors that are relevant for a responsible
    conclusion of the order agreement and the delivery agreement.
    If, based on this examination, Eatcard B.V. has good grounds
    to not enter into the order agreement, they are entitled
    to refuse an order or application or to attach special
    conditions to the execution, providing a valid reason.

Article 4: Orders, Prices, and Payments

  1. Through the Ordering/Reservation Service,
    the Restaurant offers the User the possibility to place
    orders and reservations. Placing an order or making
    a reservation is done by completing the forms made
    available by the Restaurant and sending them using
    the available button.
  2. The Ordering Service may have a minimum
    order requirement (excluding delivery costs and
    any other additional charges).
  3. Orders can be placed at any time throughout
    the day as per the User’s preference. On the order form,
    the desired delivery or pickup time should be specified.
    Delivery and pickup times may differ from the physical
    opening hours of the Restaurant. All delivery and pickup
    times are approximate. The User cannot derive any rights
    from any times mentioned, and exceeding a deadline does
    not entitle the User to any (damage) compensation
    or financial compensation.
  4. All prices are subject to typographical and printing errors.
    No liability is accepted for any consequences of typographical
    and/or printing errors. In the event of typographical and printing errors,
    the Restaurant is not obligated to deliver the ordered product
    at the erroneous price.
  5. On the Order Service, the amount to be charged
    by the Restaurant for each order is stated,
    including any (delivery) costs and including VAT.
  6. The Customer is responsible for providing
    and verifying the correct information necessary
    for the processing of the placed order and/or reservation.
  7. The Customer pays for their order online through
    the online payment method(s) offered by the Restaurant.
    Cash payment is also possible for pick-up or delivery.
    If the Customer chooses cash payment, they should be aware
    that the delivery person may only carry a limited amount of change.
  8. If online payment is chosen and this payment is not authorized,
    declined, or canceled, the order will not be confirmed,
    and no agreement is reached. In this case, the Restaurant
    is not obliged to fulfill the order.
  9. If the Customer wishes to receive a refund,
    they must contact the Restaurant. Eatcard B.V. does not
    refund any amounts to the Customer.

Article 5: Formation of the Agreement

  1. Agreements are (only) formed at the moment
    when the Restaurant has accepted the Customer’s
    Order/Reservation by electronic confirmation.
    The Restaurant is allowed to cancel an Order or Reservation
    at any time and under all circumstances within a reasonable
    period after the Order or Reservation and without providing
    any reasons. In case of cancellation, the Restaurant will
    inform the Customer about it. Any payment(s) already made
    by the Customer will be reversed within a reasonable period
    by refunding it to the Customer’s bank account.

Article 6: Right of Withdrawal

  1. Eatcard B.V. exclusively enters into
    agreements concerning ‘perishable goods or goods
    with limited shelf life’ within the meaning
    of Article 6:230p paragraph f sub 2 BW.
    Therefore, the right of withdrawal is excluded
    for all agreements.

Article 7: Fulfillment of the Order Agreement and Liability

  1. Eatcard B.V. has no influence on the execution of the
    delivery agreement. Eatcard B.V. does not guarantee that the
    products and/or services comply with the agreement, the
    specifications stated in the offer, and the legal requirements
    and/or government regulations in effect on the date
    the agreement is established. Eatcard B.V. does not accept
    any liability related to the execution of the delivery agreement.

Article 8: Complaints Procedure

  1. Customer complaints regarding the offer, the order,
    or the execution of the agreement should be addressed to the Restaurant.
    The exclusive responsibility for the Restaurant’s offer and the execution
    of the agreement lies with the Restaurant.
    Eatcard B.V. can only take on a mediating role.
  2. Complaints about the execution of the delivery agreement
    cannot be submitted to Eatcard B.V. The Customer should file
    such complaints with the Restaurant.
  3. If the Customer has a complaint about the Service of Eatcard B.V.,
    the Customer can submit the complaint to Eatcard B.V.
    via the email address: support@eatcard.nl. Eatcard B.V. will handle the complaint
    and aims to process the received complaint as soon as possible and
    provide feedback to the Customer about it.

Article 9: Account

  1. The User is solely responsible for the way they access
    the Ordering and/or Reservation Service. The User is also responsible
    for the use and security of their Account. Additionally, the Customer
    is liable and responsible for the use (including by third parties)
    through their account.
  2. The User fully indemnifies the Restaurant and Eatcard B.V.
    against all liability (including from and by third parties)
    regarding any damage or financial loss arising in any way
    from the use of the Account.
  3. The Restaurant and Eatcard B.V. are entitled
    to change the password of an Account if necessary for
    the functioning and security of the Ordering and Reservation systems.

Article 10: Intellectual Property Rights

  1. All intellectual property rights related to the Order
    and/or Reservation System, including but not limited to copyrights,
    logos, slogans, texts, images, designs, photos, and other
    (static or moving) visual materials, software, and other materials,
    the database rights, and trademark rights (including domain names),
    are owned by the Restaurant, its licensors,
    or third parties engaged by the Restaurant.
  2. The User is only authorized to print or download materials
    from the Order and/or Reservation System for personal use,
    and without pursuing any commercial purpose. The User is not entitled
    to make changes, adaptations, or modifications to these materials.
  3. The User is not entitled to, without the prior written
    consent of the Restaurant, make the Order or Reservation System,
    in whole or in part, available to third parties, reproduce,
    distribute, transmit, or use it in any manner in another document
    or other material or product, or reuse it.

Article 11: Privacy and Cookie Policy

  1. Eatcard B.V. processes personal data of the Customer.
    Our Privacy and Cookie Policy applies to the processing of personal data.
  2. The Privacy Policy linked on the order/reservation page
    is a part of these terms and conditions. If you require more information,
    we refer you to our Privacy Policy.

Article 12: Disputes

  1. The agreements between Eatcard B.V. and the User or Customer
    to which these General Terms and Conditions apply shall be governed
    exclusively by Dutch law.
  2. Any disputes will be submitted to the competent court
    in the Oost-Brabant district at ‘s-Hertogenbosch.

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