These General Terms and Conditions apply to the service.
Eatcard B.V. is not responsible for the offerings.
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.
Definitions: In these General Terms and the
definitions are used, in both singular and plural form:
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.
Account: an account with login details that allows
the customer to use the (additional) services of Eatcard B.V.
General Terms and Conditions: these general terms and conditions,
regardless of the form in which they are made known.
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.
Reservation Service: the website(s) and/or application(s) of the Restaurant for,
among other things, making reservations at the Restaurant.
Order: the order of (food) products placed
by the Customer through the ordering service.
Reservation: a reservation placed by
the Customer through Eatcard B.V. at the Restaurant.
User: the natural person (including the Customer)
who visits and/or uses the application(s) of Eatcard B.V. in any form.
The Restaurant is at all times entitled
to amend or supplement applicable terms and conditions.
The Restaurant and Eatcard B.V. expressly reject
the applicability of any terms and conditions of the Customer and/or User.
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.
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
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.
If an offer has a limited validity period or is subject to conditions,
this will be explicitly stated in the offer.
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.
Each offer contains information that makes it clear to
the Customer what the rights and obligations are that are associated
with accepting the offer.
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
The agreement/service is concluded at the moment the Customer
finalizes the order by placing their order or reservation.
Upon receiving the order/reservation,
Eatcard B.V. will send a confirmation
email acknowledging the acceptance of the offer.
Eatcard B.V. takes appropriate technical and organizational
measures to secure the electronic transmission of data and ensures
a safe online environment.
Eatcard B.V. bears no liability, nor can it be established,
regarding the execution of its services.
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.
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.
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.
If the Customer chooses delivery for the order,
they must be present at the delivery address specified
by the Customer to receive the order.
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.
Eatcard B.V. does not accept any liability
in connection with the execution of the Agreement.
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
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.
The Ordering Service may have a minimum
order requirement (excluding delivery costs and
any other additional charges).
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.
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.
On the Order Service, the amount to be charged
by the Restaurant for each order is stated,
including any (delivery) costs and including VAT.
The Customer is responsible for providing
and verifying the correct information necessary
for the processing of the placed order and/or reservation.
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.
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.
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
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
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
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
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.
Complaints about the execution of the delivery agreement
cannot be submitted to Eatcard B.V. The Customer should file
such complaints with the Restaurant.
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: email@example.com. 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
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.
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.
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
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.
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.
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.
Eatcard B.V. processes personal data of the Customer.
is a part of these terms and conditions. If you require more information,
Article 12: Disputes
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.
Any disputes will be submitted to the competent court
in the Oost-Brabant district at ‘s-Hertogenbosch.
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