Applicability
1.1 These General Terms and Conditions apply to the service.
1.2 Eatcard B.V. is not responsible for the Restaurant’s offerings.
1.3 By placing an order or reservation, the User enters into an agreement directly with the Restaurant for the delivery of the selected order. By placing an order and/or reservation, the User also agrees to the applicable terms of the Restaurant.
Definitions
In these General Terms and the associated Privacy and Cookie Policy, the following terms apply, in both singular and plural:
A. Customer: the natural person aged 18 years or older or, if under 18, with parental/guardian consent or presumed to have such consent or a legal entity who enters into an agreement with the Restaurant via Eatcard B.V.’s ordering/reservation service.
B. Account: an account with login credentials that allow the Customer to use the (additional) services of Eatcard B.V.
C. General Terms and Conditions: this document, in any format in which it is made available.
D. Order Service: the Restaurant’s websites or apps used to display product/offers information and to submit orders to the Restaurant.
E. Reservation Service: the Restaurant’s websites and/or apps used to make reservations at the Restaurant.
F. Order: an order of (food) products placed by the Customer via the Order Service.
G. Reservation: a reservation placed by the Customer through Eatcard B.V. at the Restaurant.
H. User: any natural person (including the Customer) who visits and/or uses Eatcard B.V.’s app(s), in any form.
The Restaurant may amend or supplement these terms and conditions at any time.
Eatcard B.V. and the Restaurant expressly reject any general terms and conditions of the Customer or User.
If any provision of these General Terms and Conditions is declared void or unenforceable, the remaining provisions remain in full force.
Any ambiguity or dispute about the interpretation or content of these terms or concerning situations not covered herein shall be resolved and interpreted in the spirit of these General Terms and Conditions.
The offer is published by Eatcard B.V. on behalf of the Restaurant on the Restaurant’s website. Eatcard B.V. accepts no liability for the content of the offer or the Restaurant’s information.
If the offer has limited validity or is subject to conditions, this will be clearly stated.
The offer includes a full and accurate description of the products, digital content, and/or services. Images used by Eatcard B.V. are illustrative only not necessarily faithful representations of the actual items.
Obvious errors in the offer do not bind Eatcard B.V. or the Restaurant.
The offer must provide sufficient information for the Customer to understand their rights and obligations.
Eatcard B.V. accepts no responsibility for the accessibility of the Restaurant’s website.
The agreement is concluded when the Customer finalizes their order or reservation.
Eatcard B.V. sends a confirmation email upon receiving the order/reservation.
Eatcard B.V. implements appropriate technical and organizational measures to secure electronic data transmission and ensure a safe online environment.
Eatcard B.V. bears no liability regarding its service execution.
Eatcard B.V. compiles content with care but cannot guarantee accuracy, completeness, or suitability. All warranties express or implied are excluded.
There is no guarantee for uninterrupted, error-free operation or absence of malware. The Restaurant will endeavor, within the bounds of technology, to minimize risk to Customers.
The Restaurant may without notice refuse or deactivate a User’s account or access.
The Customer must remain reachable by phone or email after placing an order/reservation.
For delivery, the Customer must be present at the specified address.
For pickup, the Customer must be at the location at the time stated in the confirmation email.
Eatcard B.V. is not liable for fulfillment of the agreement.
Eatcard B.V. may, within legal limits, assess the Customer’s ability to pay and refuse or impose conditions on orders based on that assessment.
The Restaurant’s Ordering/Reservation Service allows the User to place orders or reservations by completing and submitting provided forms.
A minimum order amount may apply (excluding delivery and other fees).
Orders can be placed any time; delivery and pickup times, indicated by the Customer, may differ from opening hours and are indicative only. No compensation is due for any delays.
Prices may contain typographical errors; Eatcard B.V. accepts no liability for these errors, and the Restaurant is not obliged to honor incorrect prices.
The amount due including delivery charges and VAT will be shown on the Order Service.
The Customer is responsible for providing accurate details.
Payment is made via the Restaurant’s online payment methods; cash is accepted for pickup or delivery, but the delivery person may have limited change.
If online payment fails, the order is not confirmed and no agreement exists. The Restaurant is not required to fulfill the order.
Refund requests must be made directly to the Restaurant; Eatcard B.V. does not issue refunds.
Agreements are concluded only once the Restaurant accepts the Customer’s order/reservation via electronic confirmation.
The Restaurant may cancel an order or reservation within a reasonable period without stating reasons. In such cases, the Customer will be informed, and any payment will be refunded promptly.
Eatcard B.V. only deals with goods that perish quickly or have limited shelf life (per Article 6:230p(f)(2) of the Dutch Civil Code). Therefore, the right of withdrawal is excluded for all agreements.
Eatcard B.V. has no control over the delivery agreement and does not guarantee compliance with the agreement specifications, legal provisions, or government regulations at the time of agreement. No liability is accepted for fulfillment.
Complaints regarding the offer, order, or execution of the agreement must be submitted to the Restaurant; Eatcard B.V. can only mediate.
Complaints about the delivery must be directed to the Restaurant.
For Service-related complaints against Eatcard B.V., email: support@eatcard.nl. Eatcard B.V. will review and respond as soon as possible.
The User is responsible for accessing and securing their Account. The Customer is liable for any use via their Account, including by third parties.
The User indemnifies Eatcard B.V. and the Restaurant from liability for any damages resulting from Account use.
The Restaurant or Eatcard B.V. may change an Account password if needed for security or functionality.
Intellectual property rights related to the Ordering/Reservation System (including copyrights, logos, texts, images, software, database rights, trademarks, domain names) belong to the Restaurant, its licensors, or third parties engaged by the Restaurant.
The User may print or download material for personal, non-commercial use only. They may not modify it.
Without prior written consent from the Restaurant, the User may not reproduce, distribute, transmit, or make the system available to third parties, or reuse it.
Eatcard B.V. processes personal data per its Privacy and Cookie Policy.
The policy linked on the ordering/reservation page forms part of these General Terms and Conditions. Refer to it for more information.
Dutch law exclusively governs agreements between Eatcard B.V. and the User/Customer under these terms.
Disputes fall under the jurisdiction of the competent court in the Oost-Brabant district, ’s-Hertogenbosch