URBANDINE GENERAL TERMS AND CONDITIONS

The Urbandine app is a Digital Menu that allows users to order and pay at restaurants.

Definitions

General Terms and Conditions: these are the General Terms and Conditions of Urbandine.

Order: an order placed by a Customer of one of the dishes, drinks or other products or services offered by the Restaurants.

Digital Menu: a platform based menu with which Customers can order and pay at Restaurants, offered by Urbandine.

Customer (s): end user (s) of the Digital Menu, being the restaurant user (s).

Agreement: an agreement between the Customer and the Restaurant with regard to an Order.

Restaurant (s): a company that offers dishes, drinks or other products or services and uses the Digital Menu for orders and payments.

Urbandine: Urbandine BV, established in (2595 AN) Den Haag, at Wilhelmina van Pruisenweg 104, registered in the trade register under number 74542834.

Applicability

  1. These General Terms and Conditions apply to the use of the Digital Menu by the Customer.
  2. Any terms and conditions of the Restaurant may apply to the Agreement.

The Order and Agreement

  1. Urbandine displays the Restaurant's offer in the Digital Menu in line with the information provided by the Restaurant about the Restaurant's menu. Urbandine accepts no liability for the display and / or mentioning of the data relating to the Restaurant or its menu in the Digital Menu.
  2. Urbandine offers the Customer the opportunity to place an Order on behalf of the Restaurant and only acts as an intermediary. There is no agreement or obligation between Urbandine and the Customer with regard to an Order.
  3. An Agreement arises on the basis of offer and acceptance between the Customer and the Restaurant after confirmation of an Order by the Customer via the Digital Menu.
  4. Every Order is subject to availability, including the actual stock, and occupancy at the Restaurant.
  5. Upon receipt of an Order by the Customer, Urbandine will send the Order to the Restaurant via the Digital Menu.
  6. Once the Customer has placed the Order, Urbandine will electronically confirm the Order to the Customer. The confirmation of the Order does not automatically mean that the Order can actually be executed at any time.
  7. The Restaurant is solely responsible for the execution of an Order and the availability and deliverability thereof.
  8. Urbandine can terminate the collaboration with a Restaurant at any time without prior notice to the Customer.

Exclusion of the Right of Withdrawal

  1. In connection with perishability, the Customer has no right to terminate the Agreement or cancel the Order through Urbandine, once the Order has been confirmed. Only if this is explicitly indicated by the Restaurant can the Order be canceled or the Agreement dissolved.

Prices and Payment

  1. The prices of all drinks, dishes or other products or services by the Restaurant via the Digital Menu are displayed in euros (€) and include VAT and are determined by the Restaurant.
  2. The prices shown are based on the information provided by the Restaurant. If the current prices deviate from the displayed prices, the Restaurant will immediately inform Urbandine and the updated prices will be implemented in the Digital Menu. If the prices have changed at the time of placing the Order, Urbandine will immediately contact the Customer in connection with this price difference. In that case, the Customer is entitled to cancel the Order free of charge and to terminate the Agreement.
  3. Payment of the Order via the Digital Menu is processed by Urbandine and takes place via iDeal or credit card.

Delayed, Changed or Canceled Order

  1. The Restaurant will execute the Order to the best. In the unlikely event that the Order cannot be prepared or cannot be prepared within the agreed time and / or can be served to the Customer, the Restaurant will immediately inform the Customer of this. In the event of a delay, the Customer has no right to cancel the Order or to terminate the Agreement insofar as the Order is already being prepared.
  2. The Restaurant will inform the Customer as soon as possible of changes to an Order that have taken place after this Order has been processed via the Digital Menu. In that case, the Customer has the right to cancel the Order in whole or in part. If the Order is canceled in whole or in part, the amount paid (or the part thereof that relates to the canceled part of the Order) will be reimbursed to the Customer as soon as possible and at the latest within fourteen days.
  3. If it is not possible for the Restaurant to fulfill the Order, the Order will be canceled. In that case, the Customer will be informed of this as soon as possible and the amount paid will be reimbursed to the Customer as soon as possible and at the latest within fourteen days.
  4. Urbandine is not liable for delayed, changed, incomplete or canceled Orders.

Personal Data

  1. To use the Digital Menu it is mandatory to register an account by means of a name, e-mail address, telephone number and password.
  2. Urbandine processes the personal data of the customer in accordance with Urbandine’s privacy statement, which can be viewed here. Urbandine will only process this personal data in accordance with the privacy statement at the time of collecting this personal data.
  3. Urbandine is not liable for the processing of personal data of the Customer by the Restaurant.

App Usage

  1. The Customer will refrain from unauthorized or careless use of the app and / or the Digital Menu.
  2. The Customer provides a suitable mobile device, a working and safe internet connection and secure equipment to be able to use the app and / or the Digital Menu.
  3. The terms and conditions of third parties may apply to the use of the app and / or the Digital Menu.
  4. All rights of intellectual and industrial property on the app and the Digital Menu rest with Urbandine and / or its licensors and / or the Restaurant. The Customer only obtains the rights of use and powers that are necessary with the Order. The Customer may not make the app and / or the Digital Menu available to third parties or otherwise trade it without the permission of Urbandine.

Liability

  1. Urbandine is not liable for damage to the Customer in connection with the display and / or execution of the Order and the Agreement.
  2. Urbandine is not liable for the incorrect use or misuse of or malfunctions or errors in the app and / or the Digital Menu. If a malfunction occurs, Urbandine will make the necessary efforts to remedy it as soon as possible.
  3. If and insofar as Urbandine could nevertheless be liable for such damage, it is limited to compensation for the damage up to an amount equal to the highest amount paid by the Customer in respect of an Order or the amount that the insurer of Urbandine in that specific case.
  4. The above does not apply if and insofar as the damage is the result of intent or willful recklessness on the part of Urbandine.

General

  1. If a provision of these General Terms and Conditions is invalid or should be declared void, the remaining provisions of these General Terms and Conditions will remain in full force. The invalid or voided provision will be replaced by Urbandine in consultation with the Customer by a provision that does justice to the best degree to the intention of the invalid or voided provision.
  2. Dutch law applies to these Terms and Conditions
  3. All disputes that may arise as a result of these General Terms and Conditions will be submitted to the competent court in Den Haag, unless Urbandine chooses to submit the dispute to the competent court of the Customer’s place of residence or another court authorized by law.