General Terms and Conditions for Customers
The present 'General Terms and Conditions for Customers' are applicable to the relations between Takeaway.com and the Customers. These do not apply to Businesses (as defined below but including Restaurants and Stores) which are governed by the 'General Terms and Conditions for Restaurants'.
Definitions
Offer: the range of products and services offered by the Business that can be ordered by the Customer through the Platform.
Order: an order placed by the Customer with the Business through the Platform as regards the Offer selected by the Customer.
Customer: a natural person who has reached the age of 18 or a legal entity placing an Order through the Platform.
Agreement: an agreement between the Customer and the Business regarding an Order and the delivery or collection of the Order.
Platform: the website(s), apps, tools and other equipment of Takeaway.com and its affiliated companies and business partners on which the Service is made available.
Business: a company listed on the Platform that makes available, sells, prepares, packages, picks, and/or serves products and related items and uses the Platform for the establishment and payment of the Agreements.
Business Information: the information about the Business with regard to, among other things, the trader and their contact methods the products and services made available within their Offer (for example, allergens, nutritional information, and ingredients), prices for each individual product and service (including VAT), company logo, graphics, delivery area (including postal codes), delivery costs and minimum order amounts, and other information about the Business.
Age Restricted Item: any product with a minimum legal age requirement including but not limited to, for example, an alcoholic product.
Service: the commercial services and/or activities that are offered to the Customer by Takeaway.com, including publication of the Offer, facilitation of the conclusion of Agreements and transmission of Orders to the relevant Business.
Takeaway.com: Takeaway.com European Operations B.V. acting for itself and on behalf of any corporate entity or person that controls, are controlled by or under the common control, directly or indirectly, with Takeaway.com Group B.V.
Tip: voluntary amount paid by a Customer intended for the courier delivering the Order.
Identity of Takeaway.com
Takeaway.com operating under the name of ‘Takeaway.com’:Address principal place of business:
Piet Heinkade 61
1019 GM Amsterdam
The NetherlandsCoC: 64473716VAT no.: NL815697661B01
Correspondence address:
Bd. Baudouin 29
1000 Bruxelles
Email: lu@takeaway.com
Tel: 02 375 92 32 (daily open from 09:30 until 23:00)
Fax: 02 375 99 43
3. Applicability
1. The present General Terms and Conditions for Customers are only applicable to the Service. Takeaway.com is not responsible for the Offer. As the case may be, the general terms and conditions of the Business shall be applicable to the Offer in addition.
2. By placing an Order the Customer directly concludes an Agreement with the Business for delivery of the Offer selected by the Customer. The Customer is bound by the Order and will not be entitled to a refund except in case of cancellation allowed pursuant to article 7 below.
3. Unless otherwise indicated, individuals (including Customers) need to be at least 18 to use the Services and Platform.
4. Changes to these Terms and Conditions
1. Takeaway.com may make some changes to these General Terms and Conditions for Customers but, in case of any significant change, Takeaway.com will inform the Customer in advance of such changes becoming effective, unless the changes are required by applicable law.
2. If the Customer does not accept the changes, they should not use the Platform.
3. Please be aware that Customer’s continued use of the Platform after the effective date of the proposed changes will constitute their acceptance of the revised General Terms and Conditions for Customers.
5. The Offer
1. Takeaway.com publishes the Offer on behalf of the relevant Businesses, in accordance with the Business Information supplied by the Businesses. Takeaway.com shall not accept any responsibility or liability for the contents of the Offer and the Business Information on the Platform. The Business may use ingredients and additives of meals and drinks, that could cause allergies and intolerances. If a Customer is allergic to any foodstuffs, we advise to contact the Business by telephone for current allergen information before placing an Order.
2. Takeaway.com presents all Business Information in such a way that it is clear to the Customer what his rights and obligations are after having accepted the Offer.
3. Takeaway.com shall not accept any liability for Platform availability.
6. The Agreement
1. The Agreement is effective as from the moment the Customer finalizes the Order by clicking the 'Buy now' button during the process of placing an Order through the Platform.
2. After receipt of the Order, Takeaway.com will electronically confirm the Order to the Customer.
3. Where the Customer has not logged in or created an account previously, the Customer may have the option to continue with their Order as a guest. By completing the Order as a guest, the Customer agrees that Takeaway.com will create a temporary Takeaway.com guest account which will, unless otherwise stated in these General Terms and Conditions, be accessible only (a) from the device which the Customer uses to place the Order; and (b) for a period of up to twelve months following the date of the Order. The Customer’s access to their temporary guest account will expire on the ‘’Expiry Date’’ which shall be the earlier of (i) the date falling six months after the date on which the Customer last accessed the temporary guest account; (ii) the date falling twelve months after the date on which the temporary guest account was created; or (iii) the date on which the Customer logs out of their temporary guest account, or clears the cache on the device which the Customer used when the temporary guest account was created.
4. The Agreement can only be executed by the Business if the Customer provides correct and complete contact and address information when placing the Order. The Customer is obliged to immediately report any inaccuracies in the payment data supplied or mentioned to Takeaway.com or the Business.
5. With respect to information on the status of his Order, after having placed the Order the Customer is required to be available by telephone or email (as indicated when placing the Order) for both the Business and Takeaway.com.
6. If the Customer decides to have the Order delivered, the Customer must be present at the delivery address indicated by the Customer in order to take receive the Order items.
7. If Takeaway.com delivers the Order on behalf of the Business, Takeaway.com may charge the Customer delivery costs. The current delivery costs are stated on the Platform before a customer places an Order. A receipt for these delivery costs can be requested with Takeaway.com.
8. If the Customer decides to collect the Order, he should be present at the selected time at the collection location of the Business, as indicated in the confirmation email, text message or on the Takeaway.com website.
9. Upon delivery of the Order, the Business could ask for identification if the Order contains Age Restricted Items. If the Customer cannot identify himself adequately or does not meet the minimum age requirements, the Business will refuse to deliver the Age Restricted Items to the Customer. In this case, cancellation costs may be charged.
10. Takeaway.com does not accept any liability relating to the execution of the Agreement.
11. After placing the Order, the Customer can upon his sole discretion choose to tip a courier via the available online payment methods.
12. The Tip is intended for the couriers and cannot be considered as payment for services of Takeaway.com. Takeaway.com will thereby only act as a trustee and transferor of the tip amounts.
13. Takeaway.com will transfer the Tip to the couriers in case those are directly engaged via Takeaway.com. In case a courier is not engaged via Takeaway.com but directly by the Business, Takeaway.com transfers the Tip to the Business and obliges the Business to pay-out the Tip to the courier. Takeaway.com cannot guarantee or be held responsible for the transfer of the Tip from the Business to the courier.
14. After the Customer has received a confirmation of placing the Tip, the Tip cannot be refunded or returned.
7. Dissolution of the Agreement and cancellation of the Order
1. If you, the Customer, are a consumer, you may have certain legal or statutory rights when you order products via the Platform. Without prejudice to these rights (which, if applicable, will not be affected), the Customer may not dissolve the Agreement where the goods contained in the Offer are perishable, have been individual tailored to the customer, are not suitable for return due to hygiene or health reasons, or have been inseparably mixed with other goods following delivery. Orders cannot be cancelled by the Customer with Takeaway.com. Cancellation of the Order with the Business is only possible by the Customer if the Business explicitly indicates that Cancellation of the Order by the Customer is possible.
2. The Business is entitled to cancel the Order, e.g., if the Offer is no longer available, if the Customer has provided an incorrect or inoperative telephone number or other contact information, or in case of force majeure.
3. If the Customer places a false Order (for example by providing incorrect contact information, 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 pursuant to the Agreement, Takeaway.com shall be entitled to refuse any future Orders from such Customer.
4. Takeaway.com is entitled to refuse Orders and cancel Agreements on behalf of the Business, if there is reasonable doubt about the correctness or authenticity of the Order or contact information. If the Customer places Orders that appear as false or fraudulent, Takeaway.com may report this to the police.
8. User-Generated Content
1. Any material other than personally identifiable information, which is transmitted or posted or uploaded by a user (including Customers) on this Platform (including, by way of example and not limited to, any feedback in the form of ratings, comments and/or reviews on the Platform (together, "Reviews")) is considered non-confidential (hereinafter the "User Content").
2. By posting, uploading or transmitting any User Content, you, the Customer, represent and warrant that you own or otherwise control all of the rights in and to the User Content and that you are solely responsible for such content. You agree that Takeaway.com and anyone Takeaway.com designates will be free to copy, disclose, distribute, incorporate and otherwise use any User Content and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
3. The Customer is prohibited from posting, uploading, or transmitting to or from the Platform, any User Content (including Reviews) that:
(a) is in violation of any applicable local, national or international law;
(b) is unlawful or deceptive;
(c) amounts to unauthorized advertising;
(d) contains viruses or any other harmful programs; or
(e) is in breach of Takeaway.com’s policies, including but not limited to the Review moderation policy available in the Help Centre, here.
4. The Customer is responsible for ensuring that their User Content complies with Takeaway.com’s policies and these General Terms and Conditions. Takeaway.com uses a combination of human review and algorithmic decision making to check the compliance of User Content with those terms and Takeaway.com reserves the right to moderate (which may include removing) any content that Takeaway.com deems to be in violation of its policies, these General Terms and Conditions or applicable law. The list of prohibitions in article 8.3 above is not exhaustive and Takeaway.com may moderate User Content which is otherwise objectionable or may expose Takeaway.com or any other third party to prejudice or liability of any kind or for any other reason.
5. Reporting and Take Down: You, the Customer, are encouraged to report any content that you believe violates Takeaway.com’s policies or these General Terms and Conditions. Takeaway.com will review all reported content and take appropriate action, which may include removing the content or suspending the user who posted, transmitted or uploaded the content.
6. More information on Takeaway.com’s policies and measures around content moderation is available in the Help Centre, here. This article also explains how to report content on the Platform or appeal a moderation decision (which can include Takeaway.com’s decision not to take action), how Takeaway.com manages these requests and handle user’s misuse of related processes.
7. Use of User Content: User Content contained on the Platform are for informational purposes only and do not constitute a recommendation by Takeaway.com. Reviews and other User Content reflect the views of customers who have ordered through the Platform or other third parties and any statements, advice or opinions provided by such parties are theirs alone. Accordingly, to the maximum extent permitted by law, Takeaway.com assumes no responsibility or liability to any person in connection with any Reviews or other User Content, including, without limitation, in relation to errors, defamation, obscenity, omissions or falsehoods that may be found in such contents.
8. Cooperation with Law Enforcement: Takeaway.com will cooperate with law enforcement officials in their investigations of illegal content. This may include providing information about Customers or other users who have posted, uploaded or otherwise transmitted illegal content or content in violation of Takeaway.com’s General Terms and Conditions.
9. Your liability for User Content: Takeaway.com is not responsible for the content that is uploaded by users (including Customers). Takeaway.com does not endorse or approve any user-generated content. You, the Customer, agree to indemnify Takeaway.com for any loss, damage or claim (and all related costs) incurred by Takeaway.com or asserted against it by a Business or other party third party and which arise out of, or in connection with, any User Content provided by you in violation of any representations, warranties, undertakings or restrictions set forth in this article 8.
9. Recommender systems
1. On the Platform, Takeaway.com uses recommendation systems to display information that helps Customers to discover relevant partners and offers. Further information on the recommendation systems that Takeaway.com uses, and how these systems operate can be found in the Help Centre here.
10. Payment
1. At the moment the Agreement is concluded in accordance with the provisions of article 6.1 of these General Terms and Conditions for Customers, Customer is obliged to pay the Business for the Order. The Customer may fulfil this payment obligation by using an online payment method through the Platform or by payment to the Business at the door or at the collection location.
2. Subject to the provisions of article 7 of these General Terms and Conditions for Customers, the (partial) reimbursement of an online payment shall only be possible if the Order cannot be delivered (entirely). The reimbursement shall always be made into the same account as the one from which the payment has been made. Depending on the payment method used by the Customer, the processing of the reimbursement will take a maximum of 10 working days.
3. The Business has authorized Takeaway.com to accept the Customer’s online payment on behalf of the Business.
11. Complaints settlement
1. Complaints from the Customer about the Offer, the Order or the performance of the Agreement, are to be filed with the Business. The sole responsibility for the Offer of the Business and the performance of the Agreement lies with the Business. Takeaway.com may only assume a mediating role.
2. If the Customer has a complaint as regards the Service, the complaint is to be communicated by means of the contact form, by email or ordinary mail to the Takeaway.com customer service, at the contact address as indicated in article 2 of the present General Terms and Conditions for Customers.
3. Once the complaint has been received by Takeaway.com, the latter shall respond as soon as possible, but not later than within one week, with a confirmation of receipt. Takeaway.com aims to handle the complaint as soon as possible, but not later than within two weeks.
4. Complaints as described in sections 1 and 2 of this article must be filed promptly within due time after the Customer has detected the shortcomings, be fully and clearly described and filed with the respective Business (section 1) or Takeaway.com (section 2).
5. The European Commission manages an ODR platform. This platform can be found on http://ec.europa.eu/odr. Takeaway.com explicitly excludes the use of any Alternative Dispute Resolution as referred to in Directive 2013/11/EU. The email address of Takeaway.com is lu@takeaway.com.
12. Professional Liability Insurance
1. Takeaway.com has signed a professional liability insurance with:
Achmea Schadeverzekeringen N.V.Laan van Malkenschoten 207333 NP ApeldoornThe Netherlands
Through the following insurer:
Meijers Assurantiën B.V.Van Heuven Goedhartlaan 9351181 LD AmstelveenThe Netherlands
The professional liability insurance is applicable all over the world, with the exception of the United States of America and Canada.
13. Newsletter
1. When placing the Order, the Customer may also subscribe to the newsletter. The Customer can unsubscribe from this newsletter through www.takeaway.com/newsletter 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 Customers.
14. Inspection and correction of stored personal data
1. Takeaway.com shall process personal data relating to the Customer. The processing of personal data is subject to the Privacy Statement.