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. 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 Customer through the Platform.
Order: an order placed by the Customer with the Restaurant through
the Platform as regards the Offer selected by the Customer.
Customer: a natural person or legal entity placing an Order
through the Platform.
Agreement: an agreement between the Customer 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.com 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 Customer by Takeaway.com, including publication of the
Offer, facilitation of the conclusion of Agreements and transmission of
Orders to the relevant Restaurant.
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.
2. Identity of Takeaway.com
Takeaway.com operating under the name of ‘Lieferservice.at’:
Address principal place of business:
1011 DK Amsterdam
VAT no.: NL815697661B01
Tel: 01 - 2675 8770 51 (open from Monday to Wednesday from 10:00h –
23:00h, Thursday to Sunday from 10:00h – 00:00h)
Fax: 01 - 928 06 09
- 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
Restaurant shall be applicable to the Offer in addition.
- By placing an Order the Customer directly concludes an Agreement
with the Restaurant 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 by the
Restaurant pursuant to article 6 below.
4. The Offer
- Takeaway.com publishes the Offer on behalf of the Restaurants on the
Platform, in accordance with the Restaurant information supplied by
the Restaurants. Takeaway.com shall not accept any responsibility or
liability for the contents of the Offer and the Restaurant
information on the Platform. The Restaurant 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 Restaurant by telephone for current allergen
information before placing an Order.
- Takeaway.com presents all Restaurant information in such a way that
it is clear to the Customer what his rights and obligations are
after having accepted the Offer.
- Takeaway.com shall not accept any liability for Platform
5. The Agreement
- 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.
- After receipt of the Order, Takeaway.com will electronically confirm
the Order to the Customer.
- The Agreement can only be executed by the Restaurant 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 Restaurant.
- 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 Restaurant and Takeaway.com.
- 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.
- If the Customer 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 email, text message or on the
- Upon delivery of the Order, the Restaurant could ask for
identification if the Order contains alcoholic products or other
products with an age limit. If the Customer cannot identify himself
adequately or does not meet the minimum age requirements, the
Restaurant will refuse to deliver the relevant products to the
Customer. In this case, cancellation costs may be charged
- Takeaway.com does 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 Customer shall
not be entitled to dissolve the Agreement. Orders cannot be
cancelled by the Customer with Takeaway.com. Cancellation of the
Order with the Restaurant is only possible by the Customer if the
Restaurant explicitly indicates that Cancellation of the Order by
the Customer is possible.
- The Restaurant 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.
- 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.
- Takeaway.com 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 or contact information. If
Takeaway.com cancels an Order that has already been paid for,
Takeaway.com shall transfer the paid amount into the same account as
from where the payment has been made. If the Customer places Orders
that appear as false or fraudulent, Takeaway.com may report this to
- At the moment the Agreement is concluded in accordance with the
provisions of article 5.1 of these General Terms and Conditions for
Customers, Customer is obliged to pay the Restaurant for the Order.
The Customer may fulfil this payment obligation by using an online
payment method through the Platform or by payment to the Restaurant
at the door or at the collection location.
- Subject to the provisions of article 6.4 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.
- The Restaurant has authorized Takeaway.com to accept the Customer’s
online payment on behalf of the Restaurant.
8. Complaints settlement
- Complaints from the Customer about the Offer, the Order or the
performance of the Agreement, are to be filed with for receipt by
the Restaurant. The sole responsibility for the Offer of the
Restaurant and the performance of the Agreement lies with the
Restaurant. Takeaway.com may only assume a mediating role.
- 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.
- Once the complaint has been received by Takeaway.com, the latter
shall react 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.
- 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 Restaurant (section 1) or Takeaway.com (section 2).
- 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
9. Professional Liability Insurance
- Takeaway.com has signed a professional liability insurance
Achmea Schadeverzekeringen N.V.
Laan van Malkenschoten 20
7333 NP Apeldoorn
Through the following insurer:
Meijers Assurantiën B.V.
Van Heuven Goedhartlaan 935
1181 LD Amstelveen
The professional liability insurance is applicable all over the
world, with the exception of the United States of America and
- When placing the Order, the Customer may also subscribe to the
newsletter. The Customer can unsubscribe from this 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.
11. Inspection and correction of stored personal data
- Takeaway.com shall process personal data relating to the Customer.
The processing of personal data is subject to the