General conditions of use for private customers
These ‘Terms of Use for Customers’ apply to the provision of Ordernjoy services to their customers. These terms do not apply to restaurant partners who are subject to the terms of Ordernjoy's restaurant agreement.
Use of personal information submitted to Ordernjoy via the Platform is in accordance with our Privacy Policy and Cookie Statement.
1. Definitions
Offer: The selection of products generally offered by the restaurant, which can be ordered by the customer via the platform. Order: A binding order that the customer places with the restaurant via the platform regarding the offer that the customer has chosen. Customer: A consumer or legal entity that places an order through the platform. Consumer: A customer who is a natural person of at least 18 years of age and legally able to enter into binding contracts that enter into a legal transaction. Agreement: An agreement between the customer and the restaurant regarding an order as well as delivery or collection of the order. Platform: The website, apps, tools and other equipment from Ordernjoy. Restaurant: A company that prepares and sells meals, beverages as well as related items, and uses the platform to establish and pay for the agreements. Restaurant information: Information about the restaurant including company and contact information, general information, range (meals, accessories, beverages), prices for each product (incl. VAT), company logo, graphics, delivery area (incl. Postcodes), delivery costs and minimum order. Service: The commercial services and / or activities that Ordernjoy offers customers, including the publication of the offer, the mediation of the conclusion of agreements and the forwarding of orders to the relevant restaurant.
2. Company Information for Ordernjoy
Ordernjoy.dk operates a company under the name "Ordernjoy" in Denmark:
Address: Sønæshave 42 8800 Viborg
CVR: 42965057
Tel .: +45 51 51 65 44
3. Validity
1.These ‘General Terms of Use for Customers’ apply only to the Service. Ordernjoy is not responsible for offers. The offer may be subject to the Restaurant's general terms and conditions.
2. By placing an order, the customer enters into a direct agreement with the restaurant for the delivery of the order chosen by the customer. Ordernjoy's role is solely to mediate the agreement between the customer and the restaurant.
4. The offer
1.Ordernjoy publishes the offer on the platform on behalf of the restaurant in accordance with the information provided by the restaurant. Ordernjoy assumes no responsibility for the content of the offer or the information about the restaurant on the platform, nor does it take responsibility for the restaurant information being complete or accurate. Ordernjoy may at any time, without notice, change the material (including the restaurant information) on, or the functionality of, the platform.
2.The restaurant may use ingredients and additives in the food and beverages that may cause allergies and hypersensitivity. Ordernjoy always passes on the information about the food to the customer that is received by the restaurants. In some cases, however, the information displayed may be incomplete, autogenerated and / or not yet validated by the restaurant as being correct. If a customer is allergic or hypersensitive to certain foods, it is the customer's own responsibility to ask customer service or the restaurant for information on any allergens and to ensure that the customer can tolerate the food before the customer places an order. The customer accepts that Ordernjoy trusts that the restaurant's information on ingredients and additives is correct and that Ordernjoy thus assumes no responsibility in this regard.
3.Ordernjoy presents all restaurant information in such a way that it is clear to the customer what rights and obligations the customer has after accepting the offer.
5. The agreement
1.The agreement is valid from the time the customer completes the order by clicking on "Order" or similar in connection with the placing of an order via the platform. Thereafter, the order is binding and the customer is not entitled to a refund unless the restaurant accepts a cancellation of the order in accordance with pkt. 6 below, or the restaurant itself cancels the order.
2.Once Ordernjoy has received the order, an order confirmation is automatically sent to the customer.
3. The customer accepts that the restaurant can only fulfill the agreement if the customer provides correct and complete contact and address information when placing the order. The customer must immediately notify Ordernjoy and the restaurant of any errors in the specified contact, address and payment information.
4.After placing the order, the customer must be available per. telephone or e-mail (as stated when placing the order) for both the restaurant and Ordernjoy for the sake of order status information.
5. If the customer wants the order delivered, the customer must be at home at the stated delivery address to receive the order.
6.If the customer chooses to pick up the order themselves, collection must take place at the chosen time at the restaurant's delivery point as stated in the electronic order confirmation, per. SMS or on Ordernjoy's website.
7. Delivery and pick-up times are stated by the restaurants and are only estimates. Neither Ordernjoy nor the restaurants guarantee that the order will be delivered or be ready for collection at the estimated time.
8. When delivering or picking up the order, the restaurant may ask to see the ID if the order contains alcoholic products or other products with an age limit. If the customer can not identify himself sufficiently or does not meet the minimum age requirements, the restaurant must refuse to hand over the relevant products to the customer. In this case, the customer can charge cancellation costs.
9.Ordernjoy is not a party to the agreement and assumes no responsibility in relation to its conclusion. Thus, Ordernjoy assumes no responsibility for whether the order is of satisfactory quality or whether it is suitable for the purpose intended by the customer.
6. Termination of the agreement and cancellation of the order
1. In view of the perishable nature of the order, the customer is not entitled to terminate the agreement. The customer can not cancel the order at Ordernjoy. The customer can only cancel an order with the restaurant if the restaurant has explicitly stated that this is possible.
2.The restaurant has the right to cancel the order if e.g. the offer is no longer valid if the telephone number provided or the other contact information is incorrect / outdated or in case of force majeure. Ordernjoy encourages restaurants to complete all orders, and to immediately notify of any cancellation. Ordernjoy cannot guarantee that the restaurants will do this, and assumes no responsibility for this.
3.If the customer places a false order (eg by giving incorrect contact information, by failing to pay, by not being present at delivery or by not picking up the order) or otherwise does not comply with his obligations under agreement, Ordernjoy may deny the customer access in future to be able to place orders via the platform.
4.Ordernjoy may refuse to accept orders as well as cancel appointments on behalf of the restaurant if there are reasonable doubts about the reliability or accuracy of the order or contact information. If the customer places orders that appear to be false or fraudulent, Ordernjoy can report this to the police.
7. Right of withdrawal
A customer who is also a consumer cannot revoke an order with the restaurant with regard to the delivery of goods
1.which are not prefabricated, but where the customer has chosen and composed the product himself, or where the product is specifically adapted to the customer's personal needs,
2.which is rapidly deteriorating, or where the expiry date is rapidly exceeded,
3.which are unsuitable for return due to health reasons or hygiene if the seal is removed after delivery 4.which due to their nature mix with other products after delivery without being able to be disassembled again. The customer has a right of withdrawal for the part of the order that is not covered by the above provisions.
Cancellation
Right of withdrawal
You can cancel the agreement with the restaurant within 14 days without giving the reason for this. You have a 14-day right of withdrawal from the date on which you, or a third party designated by you (but not the driver), has come into possession of the goods.
To exercise the right of withdrawal, you must send a message (eg a letter, but preferably an e-mail) to Ordernjoy (Postal address: sønæshave 42, 8800 Ordernjoy E-mail: [email protected]) that you wants to cancel the agreement. You can also use the attached cancellation form, but it is not a requirement. To comply with the withdrawal period, it is sufficient that you send the notice that you wish to cancel the purchase before the withdrawal period expires. If you cancel the agreement, the restaurant must return the full amount, incl. delivery costs. The amount will be returned immediately, no later than 14 days after the date on which we received the notice of cancellation of the agreement. In connection with the refund, the restaurant uses the same form of payment that you used in the original transaction, unless otherwise agreed with you. You will in no case be charged any fee in connection with the refund.
The restaurant may refuse a refund until it has received the items back, or until you have documented that you have returned the items, whichever occurs first.
You bear the direct costs of returning the goods.
Undo form
(If you wish to cancel the agreement, please fill out this form and return it to us).
I / we (*) hereby terminate the agreement entered into by me / us (*) for the purchase of the following goods (*) / delivery of the following service (*)
Ordered on (*) / Received on (*)
Name of consumer (s)
Address of consumer (s)
Consumer signature (by written notice only)
Date
8.Payment
1.All prices in the offer are stated incl. VAT. If payment is charged for delivery, the amount is stated separately incl. VAT. Payment for delivery is not charged if the customer picks up the order himself.
2. The customer is obliged to pay the restaurant for the order at the time the agreement is entered into in accordance with pkt. 5.1 above. The customer can fulfill his payment obligation by using an online payment method via the Platform, or by paying the restaurant at the door or at the delivery point. The customer is informed about the possible online payment methods when placing the order.
3. The customer can only get (partially) refunded an online payment in accordance with pkt. 6 above if the order cannot be delivered (in full). The refunded amount is transferred to the same account that was used in connection with the payment. It can take up to 10 working days to refund the amount, depending on which payment method the customer has used.
4.The restaurant has given Ordernjoy permission to receive the customer's online payment on its behalf.
5. The customer can use a valid gift card or discount code issued by Ordernjoy to obtain a discount on orders placed via the platform. Gift cards and discount codes can only be redeemed for online payment. The possibility of using a gift card or a discount code will appear when choosing the payment method. If the gift / discount code or number entered by the customer is valid, the value is credited immediately and the total order amount is deducted before payment.
6. Handling fee : In addition to the price of the ordered goods andpossibly delivery fee, Ordernjoy charges a small handling fee for each order placed via Ordernjoy's service/app. This helps to ensure that we can continue to improve our sesrvice and that we can offer our service in a competitive way. The handling fee will be clearly stated in the overall overview of your order before the order is placed and the payment is completed.
9. The customer's use of the platform
1.Conditions for permitted use: The customer has the right to use the platform, and download and print extracts from there for your own personal non-commercial use on the following basis:
1.The customer must not abuse the platform (including hacking).
2.Unless otherwise stated, copyright and other intellectual property rights in the Platform and in material published on it (including without limitation photographs and graphic images) are owned by Ordernjoy. These works are protected by copyright laws and treaties throughout the world, and all rights reserved. For the purpose of these general conditions of use for customers, any use of extracts from the platform, cf. section 9.1, is prohibited.
3. The customer may not modify digital or physical copies of material that the customer prints in accordance with p. 9.1, and the customer may not use images, photographs or other graphic, video or audio sequences separate from accompanying text.
4.The customer must ensure that Ordernjoy's status as the author of the material on the Platform is recognized at all times.
5. The Customer may not use the Platform, or material from it, for commercial purposes without the prior permission of Ordernjoy. 2. Restriction of Use: Except as provided in Article 9.1 above, the Platform may not be used, reproduced or stored, on any other website or included in any public or private electronic search system or service without the prior permission of Ordernjoy. 3. Reservation of rights: All rights not expressly granted in these terms and conditions for customers are reserved.
4.Restaurant reviews: The restaurants on the platform are ranked by a so-called "live algorithm". For details, refer to the FAQ. Ordernjoy may display ratings and comments on the platform ("Ratings") received from customers regarding the restaurant or orders. The customer is responsible for the content of the assessment. Ordernjoy may remove or edit reviews that in Ordernjoy's opinion are defamatory, offensive or similar. However, Ordernjoy will only do this in accordance with applicable law.
10. Complaints
Any complaints from the customer in relation to the offer or fulfillment of the agreement must be addressed and submitted to the restaurant. Only the restaurant is responsible for the offer and the fulfillment of the agreement. Ordernjoy alone has a role as a mediator.
If the customer wishes to complain about the service, the complaint must be submitted using the contact form or by mail or letter to Ordernjoy's customer service on the in pkt. 2 above address.
3.Ordernjoy must confirm the receipt as soon as possible and no later than 1 week from receipt of the complaint. Ordernjoy strives to process complaints as soon as possible, and no later than within two weeks.
4. Complaints in accordance with pkt. 1 and 2 of this provision shall be filed by the customer immediately after the customer has ascertained the matter complained of. The complaint, which must contain a clear and complete description, must be submitted to the relevant restaurant (item 1) or to Ordernjoy (item 2). The European Commission has an Online Dispute Resolution (ODR) platform. This can be found at http://ec.europa.eu/odr. Ordernjoy expressly excludes any use of alternative dispute resolution as described in Directive 2013/11 / EU. Ordernjoy's e-mail address is [email protected].
11. Newsletter
1. When placing an order, the customer can sign up for our newsletter. The customer can at any time unsubscribe from the newsletter again at https://www.ordernjoy.dk/minkonto/mine-op filings or by writing to customer service at the address mentioned in pkt. 2.
12. Inspection and correction of stored personal data
1. Ordernjoy processes the customer's personal information. The processing of this personal data takes place in accordance with our Privacy Policy.
13. Ordernjoy's responsibility
1.Ordernjoy assumes no responsibility for the availability of the platform, the offer, the accuracy and completeness of the restaurant's information or the implementation of the agreement. The customer acknowledges and accepts that the transfer of information via the Internet is not 100% secure. Ordernjoy does not guarantee the security of your data transferred to the platform; any transmission is at the customer's responsibility.
2.Ordernjoy is otherwise liable to Customer as follows: a. Nothing in these 'General Terms of Use for Customers' excludes or limits Ordernjoy's liability for death or personal injury, fraud or fraudulent misrepresentation, intent or other liability which may not be waived or limited in according to the law. b. Subject to pkt. 13.1 Under no circumstances is Ordernjoy liable to the customer for indirect losses or consequential losses, loss of profits, sales, revenue or revenue, loss of or damage to data, information or software, loss of business opportunities, loss of expected savings or loss of goodwill.
3. Subject to pkt. 13.1 and 13.2, Ordernjoy is responsible for the customer's other losses that occur during, or in connection with, the customer's use of the platform, which does not exceed the size of the order with which the loss occurred.
14. Other provisions
1. These ‘General Terms of Use for Customers’ are governed by Danish law, as the UN Convention on Contracts for the International Sale of Goods (CISG) does not apply. Any lawsuits between the parties as a result of or in connection with these ‘General Terms of Use for Customers’ must be decided by the Danish court as an exclusive venue, subject to any mandatory provisions on exclusive venue.
2.If a provision of these 'General Terms of Use for Customers' is found to be invalid or unenforceable, this shall not affect the validity or enforceability of the other provisions in relation to the Services or the conclusion of an agreement which thus remains valid to the fullest extent possible in according to the law.
19-01-2022
