TERMS AND CONDITIONS RESTAURANT THE CHINESE WALL, DEN HELDER.
(Hereinafter to be called "The Chinese Wall")
By means of the Website, we offer the possibility to pass on orders to customers of The Chinese Wall and to provide information about products and offers with respect to the constantly changing menu. The following conditions apply to the provision of information and services.
Article 1 Definitions
In these General Terms and Conditions, the following definitions are used, both in singular and plural.
1.1 Customer: the natural person, aged 16 years or older, or legal entity which enters into an agreement with "The Chinese Wall
1.2 Account: customer account which enables the Customer to make use of the Order Service
1.3 General Terms and Conditions: these General Terms and Conditions, irrespective of the form in which they are communicated
1.4 Order Service(s): the services of "The Chinese Wall" on the Website consisting, among other things, of the transmission of orders, the provision of information about products and offers relating to the menu of "The Chinese Wall".
1.5 Order: the order placed by the Customer via the Website of food products belonging to the "De Chinese Muur" menu;
1.6 User: the natural person (including Customers) who visits the Website and/or uses the Website regardless of whether or not an order is placed and an Agreement is concluded
1.9 Agreement: the purchase agreement relating to the Order between the Customer and "The Chinese Wall".
1.10 Password: the identification code which, in combination with the e-mail, gives the Customer access to the Account
1.11 Website: the website chineesrestaurantchi.nl
Article 2 Orders, prices and payments
2.1 Through the Website, "The Chinese Wall" offers Users the possibility of placing Orders. Orders are placed by filling in the order form and clicking on the order button.
2.2 The Customer places the Order. "The Chinese Wall" has a limited delivery area. If the delivery address falls outside any delivery area of "The Chinese Wall", the Order will be refused, unless the Customer collects the Order.
2.3 For each Order, the minimum spending amount as published on the Website (excluding delivery costs) shall apply. Side Orders shall only be delivered in combination with an Order.
2.3 Orders can be delivered throughout the day within the times indicated on the Website. Order times are the same as opening hours until 1 hour before closing. The usual opening hours of the Branches are stated on the Website.
2.3 The amount to be charged for each Order is stated on the Website, including any delivery costs and including VAT. "The Chinese Wall is not responsible for the accuracy of the prices and amounts listed on the Website.
2.3 The Customer is responsible for providing the correct data required for the handling of the Order by "The Chinese Wall", including the correct names and delivery addresses
2.4 The Customer shall pay for the Order online through the payment methods offered on the Website or in cash to "The Chinese Wall" upon delivery or collection; In case of cash payment upon delivery, the Customer must take into account that the delivery person has a maximum of € 20.00 change.
2.5 If the online payment is not authorized or is refused, the Order will not be confirmed and no Agreement will be established. In that case, "The Chinese Wall" shall not be obliged to deliver the Order.
Article 3 Realisation of the Agreement
3.1 Agreements shall only be effected from the moment that "The Chinese Wall" has accepted the Customer's Order by means of an electronic confirmation. "The Chinese Wall" is entitled to refuse and cancel an Order within a reasonable period of time, it is not obliged to state its reasons in this respect. If "The Chinese Wall" cancels the Order, "The Chinese Wall" will inform the Customer accordingly. Any payment made by the Customer shall be refunded to the Customer's bank account within a reasonable period of time.
3.2 Given the nature of the Order and the products ordered, the Customer is not entitled to cancel the Order after it has been accepted by "The Chinese Wall". The right of withdrawal included in article 7:46d of the Dutch Civil Code is therefore not applicable.
Article 4 General - use of the Website
4.1 The General Terms and Conditions can be inspected via the Website and will be made available electronically to the User free of charge upon first request. In order to use the Order Services, the User of the Website must first agree to these General Terms and Conditions.
4.2 Once these General Terms and Conditions have been applicable to the relationship between the Customer or User and "The Chinese Wall", they will remain applicable to any subsequent visits to the Website and Agreements, unless these General Terms and Conditions are modified.
4.3 "The Chinese Wall" is entitled to amend or supplement these General Terms and Conditions at any time.
4.4 Deviations from the General Terms and Conditions are only valid if they are explicitly agreed in writing or via electronic means by "The Chinese Wall" and the Customer and/or User.
4.5 "The Chinese Wall" explicitly rejects the applicability of any General Terms and Conditions of the Customer and/or User.
4.6 If and insofar as any provision of the General Terms and Conditions is declared null and void or annulled, the other provisions of the General Terms and Conditions will remain in full force. In that case, "The Chinese Wall" will draw up a new provision to replace the void/cancelled provision, taking account of the intention of the void/cancelled provision as far as possible.
Article 5 Complaints procedure
5.1 Any complaints about an Order and its delivery must in the first instance be made by the Customer directly to "The Chinese Wall". "The Chinese Wall" shall endeavour to deal with any complaints received as soon as possible and to feedback to the Customer.
Article 6 The Website
The Chinese Wall has compiled the content of the Website with the greatest possible care. However, it cannot guarantee the accuracy, completeness and suitability and therefore excludes any explicit or implicit guarantees, undertakings, liability or indemnifications of any kind. In particular, "The Chinese Wall" does not guarantee
- that the information on the Website is accurate, complete, appropriate, current, reliable and not unlawful,
- the Website will be accessible without restriction, will operate uninterruptedly, will be free of viruses, trojans and other errors and/or defects, and that defects can be remedied; and
- third parties do not or will not use its systems unlawfully.
6.2 "The Chinese Wall" is entitled at any time and without giving reasons to deny the User permanent or temporary access to the Website and to deactivate the User's account and password.
6.3 The Website contains references (e.g. through a hyperlink, banner or button) to the websites of third parties. "The Chinese Wall" has no control over those websites. "The Chinese Wall" is not responsible for the content of those websites and their use is at the risk of the User of the Website.
Article 7 Password and Account
7.1 The User is responsible for any manner of access to the Website.
7.2 The User indemnifies "The Chinese Wall" completely against all claims of third parties concerning damage or otherwise, in any way caused by the use of the Website.
Article 8 Intellectual property rights
8.1 The intellectual property rights in respect of the Website, including copyrights on logos, slogans, texts, images, design, photos and other (stationary and/or moving) images, software and other materials, database rights and trademark rights (including domain names) are vested in "The Chinese Wall", its licensors or third parties engaged by "The Chinese Wall".
8.2 The User is only entitled to print or download material from the Website for his/her own use and without pursuing any commercial objective. The User is not entitled to make any changes, modifications or adaptations.
8.3 The User is not entitled to make available, reproduce, distribute, transmit or in any way incorporate into another document or material or reuse the Web Site or any of its contents, in whole or in part, to third parties without the prior written consent of "The Chinese Wall".
Article 9 Personal data and cookies
9.1 In order to provide the Order Service(s), The Chinese Wall needs to collect personal data. The Website contains a Privacy Statement in which information is provided about the use of personal data and other data that is collected and distributed through the Website.
Article 10 Liability of "The Chinese Wall
10.1 The total liability of "The Chinese Wall", for whatever reason, is at all times limited to the compensation of direct damage up to a maximum amount of € 25 (twenty-five euro) per event, whereby a series of events is regarded as one event.
10.2 Direct damage is exclusively understood as follows
- the costs you have had to incur to remedy or remove the shortcoming of "The Chinese Wall" so that the performance of "The Chinese Wall" does comply with the Agreement;
- reasonable costs to prevent or limit such damage and reasonable costs to determine the cause and extent thereof.
10.3 Any liability of "The Chinese Wall" for indirect damages, including but not limited to consequential damages, loss of profits and loss of business, is excluded.
10.4 "The Chinese Wall" is never liable for damage caused by third parties, who may or may not use the Website and/or the Order Service(s).
Article 11 Disputes
11.1 These General Terms and Conditions are governed by Dutch law.
11.2 Any disputes shall be submitted to the competent court in the district of Alkmaar.
General Terms and Conditions V1.0
valid from 01-01-2020