Algemene Voorwaarden Consumenten
The present 'General Terms and Conditions for Consumers' are applicable to the relations between Takeaway.com Central Core B.V. ("Takeaway") and the Consumers. Restaurants are referred to the 'General Terms and Conditions for Restaurants'.
Offer : the range of products and services offered by the Restaurant that can be ordered by the Consumer through the Restaurant Platform.
Order : an order placed by the Consumer with the Restaurant of the Offer selected by the Consumer.
Consumer : a natural person not acting in the performance of a profession or company.
Agreement : an agreement between the Consumer and the Restaurant regarding an Order and the delivery or collection of the Order.
Platform : the website(s), apps, tools and other equipment of Takeaway and its affiliated companies and business partners on which the Service is made available.
Restaurant : a company that prepares and sells meals, beverages and related articles and uses the Platform for the establishment and payment of the Agreements.
Restaurant information : the information about the Restaurant with regard to, among other things, company and contact information, general information, product range (meals, side dishes, options and beverages), prices for each individual product (including VAT), company logo, graphics, delivery area (including postal codes), delivery costs and minimum order amounts.
Service : the commercial services and/or activities that are offered to the Consumer by Takeaway, including publication of the Offer, facilitation of the conclusion of Agreements and transmission of Orders to the relevant Restaurant.
2.Identity of Takeaway
Takeaway.com Central Core B.V. operating under the name of ‘Thuisbezorgd.nl’:
Address principal place of business:
1011 DK Amsterdam
VAT no.: NL815697661B01
7523 XD Enschede
Tel: 053-4805860 (open from Monday to Wednesday from 09:00h – 23:00h, Thursday and Friday from 09:00h – 00:00h, and Saturday and Sunday from 10:00h to 00:00h)
- The present General Terms and Conditions for Consumers are only applicable to the Service. Takeaway is not responsible for the Offer. As the case may be, the general terms and conditions of the Restaurant shall be applicable to the offer.
- By placing an Order the Consumer directly concludes an Agreement with the Restaurant for delivery of the Offer selected by the Consumer.
- Takeaway publishes the Offer on behalf of the Restaurants on the Platform, in accordance with the Restaurant information supplied by the Restaurants. Takeaway shall not accept any responsibility or liability for the contents of the Offer and the Restaurant information on the Platform.
- Takeaway presents all Restaurant information in such a way that it is clear to the Consumer what his rights and obligations are after having accepted the Offer.
- Takeaway shall not accept any liability for Platform accessibility.
5. The Agreement
- The Agreement is effective as from the moment the Consumer finalizes the Order by clicking the 'Buy now' button during the process of placing an Order through the Platform.
- The Agreement can only be executed by the Restaurant if the Consumer provides correct and complete contact information when finalizing the Order. The Consumer is obliged to immediately report any inaccuracies in the payment data that were supplied or mentioned to Takeaway and the Restaurant.
- With respect to information on the status of his Order, after having placed the Order the Consumer is to be available by telephone and email for both the Restaurant and Takeaway through the contact data as indicated by himself.
- If the Consumer decides to have the Order delivered he should be present at the delivery address indicated by the Consumer in order to take delivery of the Order.
- If the Consumer decides to collect the Order, he should be present at the selected time at the collection location of the Restaurant, as indicated in the confirmation mail or on the Takeaway website in order to receive the Order.
- Takeaway shall not accept any liability relating to the execution of the Agreement.
6.Dissolution of the Agreement and cancellation of the Order
- Considering the perishable nature of the Offer, the Consumer shall not be entitled to dissolve the Agreement. Orders cannot be cancelled by the Consumer with Takeaway. Cancellation of the Order with the Restaurant is only possible by the Consumer if the Restaurant explicitly indicates that Cancellation of the Order by the Consumer is possible.
- Takeaway specifies to the Consumer that the Restaurant is entitled to cancel the Order, for example in case of force majeure, if the Offer is no longer available or if the Consumer has provided an incorrect or unreachable telephone number or delivery address.
- If the Consumer places a false Order (for example by not paying or by not being present on the delivery or collection location in order to receive the Order) or otherwise fails to comply with his obligations arising from the Agreement, Takeaway shall be entitled to refuse any future Orders from the Consumer concerned.
- Takeaway is entitled to refuse Orders and cancel Agreements on behalf of the Restaurant, if there is reasonable doubt about the correctness or authenticity of the Order. If Takeaway cancels an Order that has already been paid for, Takeaway shall transfer that amount into the same account as from where the payment was made. If the Consumer places Orders that can be proven to be false or fraudulent, Takeaway shall be entitled to report this to the police.
- At the moment the Agreement is concluded in accordance with the provisions of article 5.1 of the present General Terms and Conditions for Consumers, a payment obligation shall arise for the Consumer to fulfil towards the Restaurant. The Consumer may fulfil this payment obligation by using an online payment method through the Platform or by payment to the Restaurant at the door or on the collection location.
- Subject to the provisions of article 6, fourth section of these General Terms and Conditions for Consumers, the (partial) reimbursement of an online payment shall only be possible if the Order cannot be delivered (entirely). The reimbursement shall always be realized into the same account as the one from which the payment has been made.
- The Restaurant has authorized Takeaway to accept the Consumer’s online payment on behalf of the Restaurant.
8. Complaints settlement
- Complaints from the Consumer about the Offer, the Order or the performance of the Agreement, are to be filed with the Restaurant through the contact data as mentioned under 'Correspondence address' in article 2 of these General Terms and Conditions for Consumers. In case of complaints Takeaway can only play a mediating role.
- If the Consumer has a complaint about the Service, the complaint is to be communicated by means of the contact form, by email or ordinary mail to the Takeaway customer service, at the contact address as indicated in article 2 of the present General Terms and Conditions for Consumers.
- Once the complaint has been received by Takeaway, the latter shall react as soon as possible, but not later than within one week, with a confirmation of receipt. Takeaway aims to handle the complaint as soon as possible, but not later than within 2 weeks.
- Complaints as described in sections 1 and 2 of this article, must within due time after the Consumer has detected the shortcomings, be fully and clearly described and filed with the Restaurant or Takeaway.
9.Applicable law and competent courts
- Agreements between Takeaway and the Consumer to which these General Terms and Conditions for Consumers are applicable, shall be governed by the laws of The Netherlands.
- Any disputes between Takeaway and the Consumer relating to the conclusion or performance of agreements regarding the Service, can only be submitted to the competent Dutch court in Amsterdam, both by Takeaway and the Consumer.
- The European Commission manages an ODR platform. This platform can be found on http://ec.europa.eu/odr. Takeaway explicitly excludes the use of any Alternative Dispute Resolution as referred to in Directive 2013/11/EU. The email address of Takeaway is email@example.com.
10.Professional Liability Insurance
- Takeaway has signed a professional liability insurance with:
Achmea Schadeverzekeringen N.V.
Laan van Malkenschoten 20
Through the following insurer:
Meijers Assurantiën B.V.
Van H euven Goedhartlaan 935
The professional liability insurance is applicable all over the world, with the exception of the United States of America and Canada.
- When finalizing the Order the Consumer may subscribe to the newsletter. The Consumer can unsubscribe from this newsletter through www.thuisbezorgd.nl/nieuwsbrief or by contacting the customer service by using the contact data as mentioned under 'Correspondence Address' in article 2 of these General Terms and Conditions for Consumers.
12.Inspection and correction of stored personal data
- Takeaway shall store personal data relating to the Consumer. The storage of personal data is subject to the Privacy Statement.