Terms & Conditions AfricanKitchen.com (hereinafter African Kitchen), registered in Amsterdam under Chamber of Commerce(Kvk) number: 54135338 and as Address: (Box C1228)
Keurenplein 41
1069 CD Amsterdam
VAT (Btw) number: 851182550
1. Introduction
Welcome to the African Kitchen, the premier food order management platform. These Terms & Conditions outline the rules and regulations for the use of our website (hereinafter “Website”). By accessing or using our Website, you agree to comply with these terms. Please read them carefully.
2. Applicability
2.1. These Terms & Conditions apply to the service that African Kitchen provides to the user of the Website (hereinafter “User”)
2.2. By agreeing to the Terms & Conditions, the User acknowledge to have read, understood and agreed to be bound by the content in the Terms & Conditions.
2.3. The use of the Website is available only to individuals who are at least 18 years old and are legally capable of entering into binding agreements.
3. African Kitchen services through the Website
3.1. African Kitchen gives the User the opportunity to order products (hereinafter “Products”) via the Website (hereinafter “Order”) via businesses affiliated with African Kitchen (hereinafter “Restaurant/Store(s)”).
3.2. Restaurants/Stores affiliated with African Kitchen are themselves responsible for the information they provide on the Website. The Information is for information purposes only. Images of Products serve to illustrate the Products and may differ.
3.3. The User is solely responsible for the use of the Website and placing an Order at a Restaurant/Store. African Kitchen cannot be held responsible and assumes no liability for allergies, ingredients or Products offered by the Restaurant/Store or other information stated by the Restaurants/Stores.
3.4. African Kitchen is not responsible and can not be held liable to the User for any interruption of the Website if this is caused by a technical problem with the Restaurant/Store, hosting or electronic payment systems or by other circumstances caused by force majeure.
3.5. African Kitchen may deny a User access to the Website at any time and without being liable for any compensation.
3.6. African Kitchen reserves the right to modify, suspend, or discontinue any aspect of the Website at any time without notice. African Kitchen also reserves the right to update or revise these Terms & Conditions at any time. Continued use of the Website after any such changes shall constitute the User consent to such changes.
4. User Account
4.1. To access certain features of the Website, the User may be required to register for an account. The User is responsible for maintaining the confidentiality of his/her account information and for all activities that occur under the account.
4.2. The User agrees to provide accurate and current information during the registration process and to update such information to keep it accurate and current.
4.3. African Kitchen shall not be liable for any unauthorized use of your account.
5. Restaurant/Store and User agreement
5.1. By placing an Order, the User enters into an agreement with one of the Restaurants/Stores for the delivery of Products.
5.2. By clicking on the ‘order’ button during the ordering process, the agreement between the User and the Restaurant/Store is definitively concluded.
5.3. Inaccuracies in contact and address details stated by the User are at the expense and risk of the User.
5.4. A Restaurant may cancel the Order without being liable for any compensation if:
- a. the User has provided incorrect data;
- b. the Product is not available and the alternative Product is not accepted by the User;
- c. in case of force majeure at the Restaurant;
- d. errors on the Website that are obviously incorrect.
5.5. The User may cancel the Order if the Restaurant/Store has not yet started preparing the Order. Payments already made for the Order will only be refunded after approval by the Restaurant/Store.
6. Delivery Products
6.1. The delivery terms and conditions of the Restaurant/Store apply to the delivery of the Order. Additional costs may be charged as part of the delivery.
6.2. A price indication of the delivery of the Order is only an indication and the User cannot derive any rights from this.
6.3. The User must be present at the delivery address upon delivery of the Order. The fact that the User is not present to receive the Order is at the expense and risk of the User.
6.4. Products for which a legal age limit applies (hereinafter “Legal Products”) can be delivered by the Restaurant/Store. But upon delivery of the Order, the Legal Products only be delivered when the contractor of the Order identify himself. If this cannot be done, the Legal Products will not be delivered. If the contractor cannot identify himself and the Legal Products cannot be delivered, the contractor is not entitled to a refund of the Legal Products.
7. Payment obligations
7.1. Once the User has placed the Order, he has a payment obligation to the Restaurant/Store.
7.2. The payment obligation is fulfilled by paying for the Order via an online payment method or by payment at the door.
7.3. Only in the event of a situation as stated in article 5.4 b, 5.4 c, 5.4 d or 5.5 is the User entitled to a refund of the payment already made.
8. Liability African Kitchen and force majeure
8.1. African Kitchen is never liable with regards to the Products, the delivery of the Products and the agreement between the User and the Restaurant/Store.
8.2. African Kitchen is never liable for damage that has arisen based on the agreement between User and the Restaurant/Store other than the execution of the agreement. Unless the damage is caused by intent or gross negligence on part of African Kitchen.
8.3. If African Kitchen is liable, the damage is limited to direct damage. Indirect damage, such as but not limited to consequential damage and lost profits, is at all times excluded from African Kitchen’s liability.
8.4. African Kitchen’s liability is at all times limited to the amount of the Order but in any case maximized to EUR 50, - (fifty euros).
8.5. The Restaurant/Store indemnifies African Kitchen against all claims from third parties related to data that the User stores and reads through the Website. This also concerns the violation of third party (intellectual property) rights.
8.6. In the event of force majeure by African Kitchen, which in any case includes disruptions in the internet or telecommunications infrastructure, (D)Dos attacks, civil unrest, mobilization, war, strike, business disruptions, import and export restrictions and if African Kitchen is not enabled to deliver by its own suppliers, as a result of which compliance cannot reasonably be expected from African Kitchen, African Kitchen is entitled to cancel the Order without any obligation to pay compensation.
9. Complaints
9.1.If a User has a complaint regarding the Products, the Order, or the Delivery he/she must report this to the Restaurant/Store within 24 hours after the Order is made. The Restaurant/Store is responsible for handling the complaint correctly.
9.2. If the User has a complaint about the service of African Kitchen, he/she can submit this complaint to African Kitchen within 48 hours after the Order is made. The e-mail address for handling the complaint is info@africankitchen.com.
9.3. African Kitchen will respond to the complaint within two weeks.
10. Privacy, data protection and notifications (reviews)
10.1. The User can be informed by African Kitchen about promotions and actions.
10.2. Reviews can be left by Users on the Website. These reviews are written solely by the User and African Kitchen accepts no responsibility or liability for reviews or the content of the review.
10.3. Inappropriate reviews, such as slander, obscenity, threats and untruths may be removed from the Website by African Kitchen.
10.4. The Website may include links that refer to other websites. These links are for information purposes only. African Kitchen cannot accept any liability regarding the authenticity, reliability or content of these websites or regarding the products or services offered by third parties.
10.5. By providing the service, African Kitchen processes personal data of the User. When using the Website and placing an Order, the User agrees that his/her data will be processed by African Kitchen and the Restaurant/Store.
10.6. African Kitchen uses a privacy statement and when placing the Order, the User agrees to African Kitchen’s privacy statement .
11. Intellectual Property
11.1. All content on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of African Kitchen or its content suppliers and is protected by international copyright laws.
11.2. User may not use, reproduce, modify, distribute, or publicly display any of the content that is the property of African Kitchen without the prior written consent of African Kitchen.
12. Other provisions
12.1. The Terms & Conditions may be changed by African Kitchen. The latest version is stated on the Website.
12.2. Dutch law applies to the service of African Kitchen and these Terms & Conditions.
12.3. The court of the User’s place of residence has exclusive jurisdiction to take knowledge of the dispute between parties.
12.4. For any questions or concerns about these Terms & Conditions, please contact African Kitchen at info@africankitchen.com.