EN: General Terms & Conditions for Customers
These ‘General Terms & Conditions for Customers’ apply to the relationship between Markies Catering B.V.and buyers from our ordering webshop.
- Offering: the product from the ordering webshop that the Customer can order from Markies Catering B.V. via the Platform.
- Order: an order from the Customer placed via the Platform with Markies Catering B.V. for the Offering selected by the Customer.
- Customer: a natural or legal person who places an Order via the Platform.
- Contract: a contract between the Customer and Markies Catering B.V. with regard to an Order and the delivery or collection of the Order.
- Platform: the ordering platform and other devices of Markies Catering B.V. on which the Service is provided.
- Company Information: information about Markies Catering B.V. relating to - inter alia - company and contact details, general information, product offering (meals, side dishes, options and drinks), prices for each individual product (including VAT), company logo, image material, delivery area (including postcode), delivery charges and minimum order amounts.
- Service: the services and/or activities that Markies Catering B.V. offers to the Customer.
- Markies Catering B.V. acts on its own behalf and on behalf of every natural or legal person who controls, is controlled by or comes under the joint control of Markies Catering B.V. either directly or indirectly.
2. Identity of Markies Catering
T. 073 – 6125050
Chamber of Commerce: 16038113
- These General Terms & Conditions for Customers apply to the service and products provided by Markies Catering
- By placing an Order, the Customer immediately enters into a Contract with Markies Catering B.V. for the supply of the Offering selected by the Customer. The Customer is bound by the Order and is not entitled to a refund, except in the event of cancellation by Markies Catering B.V. on the basis of article 6 below.
4. The Offering
- The offering from Markies Catering B.V. may contain ingredients and additives for meals and drinks that can cause allergies and intolerances. If a Customer is allergic to particular foodstuffs, we recommend contacting the location by telephone for up-to-date information about allergens before placing the order.
- Markies Catering B.V. accepts no liability for the availability of the Platform.
- Our products are only suitable for immediate consumption unless stated otherwise.
5. The Contract
- The Contract is concluded at the moment when the Customer finalises the Order by clicking on the ‘Pay’ button during the process of placing an Order via the Platform.
- After receiving the Order, Markies Catering B.V. will confirm the Order to the Customer electronically.
- The Contract can only be performed by Markies Catering B.V. if the Customer provides correct and complete contact and address details when placing the Order.
- The Customer is obliged to notify Markies Catering B.V. of inaccuracies in payment details which have been provided or specified without delay.
- The Customer must be contactable by Markies Catering B.V. by phone or by e-mail (as specified when placing the Order) after placing the Order in connection with information about the status of his Order.
- If the Customer chooses to collect the Order, he must be present at the chosen time at Markies Catering B.V. collection location specified in the confirmation e-mail or text message or on Markies Catering B.V. website.
- Markies Catering B.V. accepts no liability in connection with the performance of the Contract.
6. Dissolution of the Contract and cancellation of the Order
- Because of the perishable nature of the Offering, the Customer has no right to dissolve the Contract. The Customer cannot cancel Orders with Markies Catering B.V..
- Cancellation of the Order with Markies Catering B.V. by the Customer is only possible if Markies Catering B.V. states that Cancellation of the Order by the Customer is possible.
- Markies Catering B.V. has the right to cancel the Order if, for example, the Offering is no longer available, the Customer has provided an incorrect or uncontactable telephone number or other contact details, or in the event of force majeure.
- If the Customer places a false Order (e.g. by providing incorrect contact details, failing to pay or by not being present at the delivery location or collection location to receive the Order) or otherwise fails to comply with his obligations arising from the Contract, Markies Catering can decide to refuse future Orders from the Customer concerned.
- Markies Catering has the right to refuse Orders and cancel Contracts on behalf of Markies Catering B.V. if there are justified doubts about the correctness or authenticity of the Order or the contact details. If Markies Catering B.V. cancels an Order for which payment has already been made, Markies Catering B.V. will refund that amount to the same account from which payment was made. Markies Catering B.V. can notify the police if the Customer places apparently false or fraudulent Orders.
- The Customer is obliged to pay Markies Catering B.V. for the Order at the moment when the Contract is concluded in accordance with article 5.1 of these General Terms & Conditions for Customers. The Customer can meet this payment obligation by paying using an online payment method via the Platform.
- Subject to the provisions of article 6.4 of these General Terms & Conditions for Customers, the full or partial refunding of an online payment is only possible if the Order cannot be delivered (or cannot be delivered in full). The refund will always be paid into the same account from which payment was made.
- Complaints from the Customer about the Offering, the Order or the performance of the Contract must be submitted to Markies Catering B.V. Exclusive responsibility for Markies Catering B.V.’s offering and the performance of the contract lies with the location.
- If the Customer has a complaint about the Service, the complaint must be communicated to Markies Catering B.V. by e-mail or in writing by post at the contact address specified in article 2 of these General Terms & Conditions for Customers or via the e-mail address displayed in the ordering location for the location concerned.
- After the complaint has been received by Markies Catering B.V., Markies Catering B.V. will respond with a confirmation of receipt as soon as possible, but within one week at the latest. Markies Catering B.V. will strive to deal with the complaint as soon as possible, but within 2 weeks at the latest.
- Complaints as described in paragraphs 1 and 2 of this article must be submitted to Markies Catering B.V. promptly after the Customer has become aware of the defects and must be fully and clearly described.
- The European Commission operates an ODR platform. This platform can be found at http://ec.europa.eu/odr. Markies Catering B.V. explicitly excludes the use of Alternative Dispute Resolution as described in Directive 2013/11/EU. The e-mail address of Markies Catering B.V. is firstname.lastname@example.org
9. Professional liability insurance
- Markies Catering B.V. has taken out professional liability insurance with:
Spoorlaan 298 5017 JZ Tilburg
Postbus 90106 5000 LA Tilburg
through the following broker:
Claeren Risicobeheerders Parklaan 21E
5211 JJ 's-Hertogenbosch