General conditions for online orders (2023)

These general conditions of sale apply to online orders from:

Gastronomica Luksemburg Sarl

Gastronomica Luksemburg Sarl

Address: 10a, Rue des Mérovingiens, Bertrange 8070, Luxembourg

Phone: +352 26 84 58 05

Currency in the menu: EUR

(hereinafter "Restaurant" or "We")
These terms apply to you as a customer for online orders (hereinafter "you", "user" or "customer").

PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS AND/OR USE THE WEB ORDERING (HEREIN "WEB ORDERING APPLICATION"). ACCESS AND/OR USE OF THE ONLINE ORDER BY THE USER WILL BE DEEMED AN ACCEPTANCE OF THESE TERMS.

Subject to applicable law, we may change or otherwise modify the Terms of Use from time to time, in our sole discretion. We recommend that you read the terms and conditions carefully each time you order online as they may affect your legal rights.

These terms and conditions describe the general terms of online orders between us and you and the various rights and obligations of the parties.

For the sake of clarity, these General Terms and Conditions apply (also) when you place an order online via the application (hereinafter "online order request" or "application"; request is the online order application used by the Customer to order various products and/or services (hereinafter to the text "products" and/or "services").

The Online Ordering Application is owned and operated by the licensor for use of the Online Ordering Application.
Without affecting the generality of these terms and for clarity, you must also comply with the license in connection with your use of the Online Ordering Application.

The restaurant will take all necessary measures to guarantee the accuracy and reliability of the data related to the online order. However, this cannot be guaranteed and errors may occasionally occur. You must take reasonable steps to verify all online order information prior to use. To the fullest extent permitted by applicable law, the Restaurant disclaims all warranties or representations, express or implied, regarding any matter relating to online ordering, including but not limited to the availability of online ordering applications.

The Restaurant may change the information related to the online registration and/or ordering process from time to time and reserves the right to make such changes without obligation to notify former, current or future customers. In no event shall the Restaurant be liable for any indirect, special, incidental or consequential damages arising from any use of the information contained herein and/or in connection with the online ordering process.

By ordering online, you acknowledge and agree that you use the Application and/or online ordering processes at your own risk and to the extent permitted by applicable law. In no event shall we be liable for any indirect, incidental, special, consequential or punitive damages, losses, costs or expenses or for any lost profits arising from the use or inability to use this online order and/or any application and/ or materials anywhere in connection with this online ordering application (including but not limited to viruses or other errors, defects or malfunctions in computer transmission or network communications), even if we have been advised of the possibility of such damage. Furthermore, we cannot be held responsible for any changes to the content of the application and/or the online ordering process by unauthorized third parties. Any express or implied warranties or representations are excluded to the fullest extent permitted by applicable law.

The application and/or online ordering process may contain content, information or links to third parties or third party websites. The restaurant is not responsible for the content of these websites or the content of advertising or sponsorship of third parties, nor their compliance with regulations. Links are provided at the user's own risk and responsibility and the Restaurant does not guarantee the content, completeness or accuracy of such links or websites to which this online ordering application is hyperlinked. You agree to indemnify the Restaurant against any liability arising from your use of third party information or use of a third party website.

Unless otherwise expressly stated, all information associated with the Online Ordering Application (including but not limited to images, buttons and text) is the property of and/or is available with the permission of the licensor. license to use the online ordering application, which holds the rights of use and may not be copied, distributed, reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written consent.

Content related to specific products (e.g. written consent of the restaurant
The customer does not acquire any license or rights in relation to the information related to the online order and/or application.

If you choose to order online using the online ordering application, you may be asked to provide your full contact details and/or create an account and may be required to accept cookies. You must keep your information confidential and must not disclose it to anyone. The restaurant reserves the right to suspend the use of the application and/or the online ordering process in case of non-compliance with the general conditions.

You acknowledge and agree that all orders are treated as an express intention to purchase the specified products and/or services at the agreed prices online, and we treat this as a binding offer to purchase such products and services. All changes must be in writing, otherwise they will not be binding on either party.

Acceptance of any order for any product and/or service shall be at the sole discretion of the restaurant. Acceptance of your order is done by receiving a message on the screen and/or via e-mail and/or SMS notification confirming your order.

The Restaurant reserves the right to refuse to provide any service, block access to the application and/or the online ordering process, remove or edit any content or accept an order at its sole discretion and without prior notice.
The Restaurant Online Ordering Application may only be used by persons over the age of eighteen (18) or the minimum legal age permitted by law or otherwise under the supervision of an adult or "guardian".

All products and/or services provided through the Online Ordering Application are provided on an "as is" and "as available" basis, and the Restaurant expressly disclaims any warranty, condition, representation or other condition relating to the Online Ordering or the Content. or products that are shown, express. or by implication, unless expressly stated otherwise.

Product photos are for illustrative purposes only. The ordered products may differ (e.g. in color, shape, etc.) from the photos on the website. The restaurant declines any responsibility in case of incomplete product description.

Delivery orders are also subject to the following conditions: i) that your address is within the delivery area specified by the Restaurant; ii) Availability of online restaurants to accept online orders. iii) Your order may be subject to a minimum order amount.
You can pay using any of the methods listed on the payment screen. Make sure your order is placed using a credit or debit card valid on the order date. The restaurant cannot issue refunds for orders paid online. Please contact us directly to resolve any payment disputes or refund requests.

You may be automatically redirected to an online listing for a restaurant near you. Please note that prices, minimum spending limits and maximum cash spending limits vary by location. In addition, if you order online, the price charged may differ from the product price if you ordered in-store or over the phone.

Once placed online, the order cannot be changed or canceled through the website or offline by calling the restaurant. In any case, if you wish to cancel your order or make a complaint, please call the local restaurant, details of which will be provided in the confirmation email we sent you when you ordered, and we will see how we can assist you.

We will endeavor to deliver the ordered products to you as close as possible to the requested delivery/collection time, but we cannot guarantee delivery times in all cases. Delivery times may change due to bad weather or road conditions. With this, we want to ensure the safety of our cyclists. Delivery service may be temporarily unavailable in some areas due to inclement weather or unforeseen circumstances.

The customer undertakes to receive the Products at the agreed time and at the agreed place of delivery. If you have chosen delivery of the Product, the Restaurant will deliver the order to the main entrance of the delivery address, but all deliveries to the delivery address will only be made if you and the driver agree. If you are not present to pick up the goods at the address specified on the order, we will not refund the order amount and we will charge you the full amount of the order.

Product risk passes to the customer after delivery. Any software/software service you use and/or download is at your own risk. If you have any doubts about the suitability of the Service/Software for use and/or download on your computer, we recommend that you seek professional advice before use and/or download.

You are responsible for maintaining the confidentiality of your personal information, password and payment information. You assume full responsibility for all online ordering (registration) activities.

You may not assign, sublicense or otherwise transfer your rights under these terms. In the event that any provision of this Agreement is and/or becomes invalid, illegal, invalid or unenforceable, this shall not affect the validity or enforceability of the other contractual clauses, which shall remain in full force and effect as if they were invalid, illegal, invalid or no unenforceable clause shall form part of this contract.

These terms and conditions do not affect your statutory rights.

The restaurant's trademarks, as well as the trademarks of others and the exclusive property associated with them, are protected against copying and imitation in accordance with national and international laws and may not be reproduced or duplicated without the express written consent of the restaurant.

To the fullest extent permitted by law, the Restaurant excludes any liability arising from the delivery of the Product, and in particular shall not be liable for any loss or damage arising directly or indirectly from or in connection with any delay beyond the expected delivery time, circumstances beyond its control effects of the Restaurant and which the Restaurant could not have avoided with due care, or any indirect or unforeseen losses incurred or suffered by the User or other persons. In no event shall the restaurant's liability to the user exceed the total invoiced price for the specific products/and/or services.

These general conditions are subject to and interpreted in accordance with the laws of the country in which the restaurant is established, and all disputes arising from or in connection with them will be resolved by the courts having jurisdiction over the restaurant's seat. Restaurant, excluding the possibility of invoking conflict of laws.