Foodora NL – T&C
Please read these Terms and Conditions carefully before you place an order on foodora.nl. By placing an order via this Website, via your phone or through our mobile apps, you accept that these Terms and Conditions are binding to you.
· Section 1: Introduction
o We are foodora.nl ("our site"), operating under Volo Netherlands B.V. in the Netherlands. Volo Netherlands B.V. is an indirect subsidiary of Delivery Hero GmbH, with registration number HRB 135090 B, and registered address at Oranienburger Straße 70, 10117 Berlin, Germany.
· Section 2: Definitions
o 2.2. "Privacy" refers to our policy regarding the collection, use and storage of your personal data.
o 2.3. "You", "your" and "you" refer to you, the person who enters this Website and places an order through this Website or any other channel provided by foodora.
o 2.4. "We", "us" and "foodora" refers to the business operated by Volo Netherlands B.V. on our site.
o 2.5. "Goods" is a reference to the products we offer on our Website.
o 2.6. "Services" is a reference to the services we offer through our Website.
o 2.7. "Participating Restaurant" is a third party who has agreed to cooperate with the company to provide Goods and / or Services to you
o 2.8. "Delivery" is a reference to all forms of Delivery, which are offered by foodora.
o 2.9. "Website" is a reference to our Website https://www.foodora.nl or mobile applications where we offer our Services.
· Section 3: Order
o 3.1. Any agreement for the purchase of food entered into through this Website is between you and the Participating Restaurant; any agreement for Delivery entered into through this site is between you and foodora. You particularly confirm to proceed carefully when entering your data on foodora.nl and you ensure that these data are correct and complete at the time of your order. You also warrant that the given credit card and debit card data is your data, and that you have sufficient funds to make the payment.
o 3.2. By accepting these Terms and Conditions you agree that in allowing your order of the Goods from our site, we act as agents for the Participating Restaurant and we do not, under any circumstance act as your agents.
o 3.3. Goods and Services purchased through this Website are intended for your own use only. You agree not to resell the Goods you have purchased. In this agreement, you act as principal and not as an agent for another party.
o 3.4. Please note that some of our Goods are only suitable for certain age groups. You should check whether the Goods are suitable for the intended recipient.
o 3.5. The usage of this Website requires your email address and password. Keep the combination of these data secret.
o 3.6. We will exercise due diligence, whether or not it is our duty to do this, to ensure the safety of your order and payment information. Saving any negligence on our part, we cannot be held liable for losses or damages caused by a third party who has obtained unauthorized access to your data via our Website.
o 3.7. Each order you place with us is based on availability, our Delivery capability and acceptance of the Participating Restaurant. If you have placed an order online, a confirmation will automatically be sent to you via email. Please contact us immediately, if your data is not correct! The confirmation email does not guarantee that we or the Participating Restaurant can process your order.
o 3.8.The confirmation email will contain the delivery information, the estimated delivery time and the price of the order. If the Service and / or the Goods are not available or the delivery capacity is not sufficient, we will notify you.
o 3.9. If your order can be processed, the Participating Restaurant will accept the agreement and will confirm it with foodora.
· Section 4: Payments
o 4.1. All prices on this Website are correct at the time of publication. We reserve the right to change prices, Goods and / or Services, including the Delivery fee at any time. All prices include VAT.
o 4.2. All prices displayed on the Website are the prices for Services and / or Goods from the Participating Restaurant or any other third party suppliers at the moment of listing them on our platform. While we exercise great care to keep these data up-to-date , it may be possible that our prices displayed are not correct. In this case, the Participating Restaurant will alert us immediately. We will contact you directly about the price difference and you can choose to cancel the order.
o 4.3. We reserve the right to stop listing Participating Restaurants, Goods and / or Services on our platform without further notice.
o 4.4. The total costs of your ordered Goods and / or Services, including Delivery and other costs, is displayed on the right side of the Website. All Goods and / or Services must be paid online via credit card, Paypal or iDEAL.
o 4.5. To ensure the security of your payment information, your credit or debit card information is encrypted to ensure that this cannot be read by a third party. Your bank may also make additional security checks to confirm, that it is you who has placed the order.
o 4.6. Payment is processed by Foodora GmbH, a sister company of foodora.
· Section 5: Delivery
o 5.1. The delivery time displayed is an estimation only and therefore can differ in reality. Goods will be delivered to the specified address.
o 5.2. All orders are delivered by a delivery agent/employee/authorized person of foodora (the “Riders”). Foodora and the Participating Restaurant will give their best efforts to deliver the order within the specified time. Neither Foodora nor the Participating Restaurant will be liable for any costs, loss or damage suffered due to late delivery of orders. If the Goods are not delivered within the time specified by us, then please contact our customer service.
o 5.3. If an order does not arrive on time, the Delivery fees will not be repaid.
o 5.4. At the time of handover to the recipient, all risks in relation to the Goods are passed to the recipient.
o 5.5. If you are not able to receive the order at the time of delivery, we will not be able to deliver the order at another specified time and will not provide any refunds.
o 5.6. You should make the necessary precautions to ensure easy and safe Delivery of the Goods. We exclude all liability for damage and / or costs of the Goods ordered, if it is the result of negligence on your part to provide and / or to make adequate precautions for the Delivery.
o 5.7. Foodora shall endeavor to ensure:
o 5.7.1. that the order will be delivered to the specified address
o 5.7.2. within the specified time;
o 5.7.3. inform you in case the order is expected not to be delivered within the specified time.
o 5.8. Please note that it is not possible for foodora to deliver in all districts. If this is the case, foodora will contact you and we will ensure that your order is canceled or delivered to another address.
· Section 6: Cancellation
o 6.1. If you want to cancel an order you must immediately contact our customer care. Your cancellation should include your order number and the reason for cancellation. If the Participating Restaurant accepts your cancellation, no cancellation fee will be charged. If the Participating Restaurant refuses the cancellation because e.g. the order has already been prepared, the cancellation will not be accepted. We will certainly never be able to cancel an order that has already been picked up by our Riders.
o 6.2. If the cancellation is done on time and accepted by the Participating Restaurant, we will refund your payment including the costs for Delivery, to your credit or debit card within 14 days.
o 6.3. We reserve the right to terminate a contract for Delivery, when Goods, for whatever reason, are not available. In such a case we will inform you and we will return any payment made by you for the ordered Goods and Services.
o 6.4. In the unlikely event that the wrong order is delivered, you have the right to reject it. You will get fully reimbursed for the payment done within 14 days. If the Participating Restaurant can only prepare a part of your order e.g. because certain Goods are not in stock, then the staff of the Participating Restaurant will contact you and ask if you would like to replace this part of your order by something else or you if you would like to be repaid for the missing Goods. You have the right to refuse a partial order before it was delivered. We are not responsible for incorrect or partial orders. This issue should be discussed directly with the Participating Restaurant.
· Section 7: Information
o 7.1. You warrant that any information you have provided for your order is correct and complete.
o 7.3. You are entitled to ask us for a copy of your personal data known to us. Please contact us if you wish to obtain such copy.
· Section 8: Linked Websites
o There are a number of websites linked on foodora.nl that may be of interest for you. However, we do not represent such third parties and do not guarantee the quality of their products and / or services. Moreover we are not responsible for the content of these websites and / or the products / services they offer.
· Section 9: Complaints
o We take complaints very seriously and strive to reply within five days. All complaints should be mailed to: [email protected].
· Section 10: Limitation of Liability
o 10.1. We take much care and attention to the information displayed on foodora.nl. We apologize for any errors or omissions on our Website. We cannot guarantee that use of this Website will always happen smoothly. We cannot guarantee that this Website is free of viruses or bugs. We cannot guarantee the full functionality, accuracy and reliability, and we exclude all liability for accuracy and use of this Website.
o 10.2. By accepting these Terms and Conditions you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages from a Participating Restaurant.
o 10.3. We exclude all liability for our Goods and / or Services. This does not affect your statutory rights as a consumer. Should we be held responsible for losses and / or damages suffered by you, such responsibility will be limited to the amount you have paid for the costs and / or Services. We are not liable for damages, costs, releases and / or other (in)direct losses (including loss of profit) arising in any way whatsoever. This limitation of liability does not apply in case of personal injury or death that is the direct result of negligence.
o 10.4. We are not responsible for late deliveries, errors, omissions, or loss of transmitted information, viruses or other infections or destructive products that affect your computer from our Website.
o 10.5. We are not liable for errors or delays of our Services, by acts or omissions beyond our reasonable control, such as a natural disaster or an act / omission of a third party.
o 10.6. When we entered into an agreement to provide identical / similar orders to more than one customer and we are unable to fulfill our obligations due to force majeure, we reserve the right to choose at our discretion which orders we will fulfill and to which extent.
o 10.7. The Goods sold through us are for your own use. Therefore we are not liable for any (in)direct loss, loss of data, loss of income or profit, loss or damage caused to property and / or loss by third parties arising from the use of this Website or any Goods or Services purchased through us.
o 10.8. We have taken all possible care to prevent Internet fraud and ensure that all data is stored as safely as possible. However, we exclude any liability for the unlikely event that a third party has hacked or broken into our network, devices, servers or those of third parties.
· Section 11: General
o 11.1. All prices and fees are indicated in Euros (€).
o 11.2. We reserve the right to outsource contracts or parts of contracts occasionally and we reserve the right to renew or modify these Terms and Conditions without your approval being necessary. The use of this website and the use of our Services following any such change constitute your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
o 11.3. Payments must be completed at the time the order is placed. Accepted payment methods are: credit card, Paypal and IDEAL. If it is not paid on time, we will cancel your order.
o 11.4. Do not use or launch an automatic system or program in connection with our website or ordering possibilities.
o 11.5. You shall not collect personal information through our Website, use our communications systems for commercial purposes, to provide without reason advertisement to users of our Website, publish or collect any coupon codes or codes for our Website, hack or mutilate our Website.
o 11.7. If a condition of the contract as invalid, illegal or considered inapplicable, the Parties agree that this condition will be considered as deleted, but the remainder of the contract will still be valid.
o 11.8. The Terms and Conditions and the entire agreement shall be governed by Dutch law. The parties hereby agree to the exclusive competence of Dutch courts for conflicts arising from the Terms and Conditions and the Agreement.
o 11.9. A delay in the use of our rights under this agreement shall not be considered as a waiver of such rights unless expressly stated in writing.
o 11.10. Volo Netherlands B.V. (Foodora.nl) is a sister company of Foodora GmbH, with registration number HRB 169232 B, and registered address at Oranienburger Straße 70, 10117 Berlin, Germany. Both companies are indirect subsidiaries of Delivery Hero GmbH, with registration number HRB 135090 B, and registered address at Oranienburger Straße 70, 10117 Berlin, Germany.