(effective from: 01.02.2017)

EAT.CH GmbH
TERMS AND CONDITIONS (“TERMS”)

These terms and conditions (“Terms”) determine the rules applicable to the use of this Website operated by EAT.ch GmbH, Werdstrasse 21, 8004 Zürich (“EAT.CH”). Please read these Terms carefully before ordering any products from this Website or using the Website otherwise. These Terms shall be deemed accepted by you upon you ordering products via this Website or you using this Website otherwise. If you refuse to accept these Terms, please leave this Website.

EAT.CH may revise these Terms at any time. Therefore, you should check the Terms before each order of products via this Website or use of this Website. You will be bound by the Terms in force at the time that you order products via this Website or use this Website.

1. EAT.CH Services

1.1 EAT.CH acts as an intermediary by operating this Website designating a variety of delivery restaurants for you to order products from (“Delivery Restaurants”). Upon receipt of your order, a purchase contract between you and the chosen Delivery Restaurant is concluded. EAT.CH is not a contractual party of any contract concluded between you and a chosen Delivery Restaurant.

1.2 If your order is taking longer than expected or you have any other problems with your order, you can contact our customer care team by clicking on the “Need help?” box and filling in the required fields or by contacting our customer care team by telephone on the number shown on this Website. One of our customer care advisers will contact the Delivery Restaurants in order to chase up your order.

1.3 An important part of our quality control process is that consumers provide ratings and feedback on the Website to reflect their experiences with the Delivery Restaurants.

2. HOW TO MAKE AN ORDER , PROCESSING OF ORDERS AND PAYMENT

2.1 Once you have selected your order from the menu of your chosen Delivery Restaurants, you will be given the opportunity to submit your order by clicking on the “proceed” button. Please note it is important that you check the information that you enter and correct any errors before clicking on the “proceed” button. Once you have clicked on the “proceed” button, you are bound to your order, input errors cannot be corrected and you will not be entitled to a refund. If at any time prior to you clicking on the “proceed” button, you decide that you do not wish to proceed with your order, you should close the application window.

2.2 Prices will be as quoted on this Website. These prices include VAT but may exclude delivery costs, which will be added to the total amount due (if you opt for delivery instead of collection), where applicable. A discount may apply to your order if you use a promotional code recognised by this Website and endorsed by EAT.CH.

2.3 Payment for all orders must be by credit or debit card as stated on this Website or in cash at the point of delivery to you.

2.4 On receipt of your order, EAT.CH will begin processing your order and we will send you notification by email that your order has been received and that your order is being processed. Where any payment you make is not authorised, you will be returned to the previous page on the Website and we shall not be obliged to provide the service.

2.5 In the event that you have a complaint about the quality of food or service provided or pricing by the chosen Delivery Restaurant, then any compensation should be sought directly from the restaurant. EAT.CH is not able to provide refunds on behalf of the Delivery Restaurants and is not liable for any such refunds sought. All complaints must be lodged initially with the respective Delivery Restaurant.

3. Ownership

This Website and material published on it (including without limitation photographs and graphical images) are protected by copyright laws and other proprietary laws around the world, and are owned by EAT.CH or its’s licensors. These contents may be used for designated the purposes of this Website only. All other use of contents is prohibited.

4. Data Protection

4.1 We are committed to protecting your personal data. All personal data that we collect from you will be processed in accordance with the applicable Swiss data protection laws.

4.2 When you visit the Website or make an order through the Website, you will be asked to provide personal data about yourself including your name, contact details, address and credit or debit card information. We also collect personal data about your usage of the Website and personal data about you from the messages you post to the Website and the e-mails or letters you send to us. Your personal data will enable us to provide you with access to the relevant parts of the Website and to supply the services you have requested, to bill you and to contact you where necessary. We will also use and analyse the personal data we collect so that we can administer, support, improve and develop our business and for statistical or analytical purposes. We may use your personal data to contact you for your views on our services and to notify you occasionally about important changes or developments to the Website or our services.

4.3 Further, we will submit your personal data to the Delivery Restaurants that you have placed your order for, the processors of your credit card payments and other third parties that provide support services for us. By submitting your personal data, you agree to these transfers, storing or processing. Eat.CH will take adequate measures to ensure that your personal data is treated securely.

4.4 The personal data you provide to us will be transferred to and stored on our servers in Denmark or at a destination outside the European Economic Area, and may be accessed by staff or outsourcing partners who act for us for the purposes set out in these Terms or for other purposes notified to you. Countries outside the European Economic Area may not have equivalent data protection laws. However, we will take adequate measures to ensure adequate protection in accordance Swiss data protection laws.

4.5 We may provide you with information about our other products and services that may be of interest to you, and contact you for this purpose by telephone, SMS and email and, if you use our mobile application, via push notification, unless you have told us not to do so. It will always remain your choice whether to continue receiving such marketing materials and updates from EAT.CH by informing us to stop or using the unsubscribe mechanism in the marketing communication itself.

4.6 Please note that Cookies are used for the purposes described in Section 4.2 above. You may deactivate them in your Browser at any time, but if you do so, you may no longer be able to use all features, functions and content made available.

5. RULES OF CONDUCT

5.1 Apart from your personal data, any comments or material you transmit or post to this Website will be considered non-confidential and non-proprietary. You are prohibited from posting, uploading or transmitting to or from this Website any comments and material that breaches any applicable local, national or international laws; which may disrupt proper website operation; is unlawful or fraudulent; amounts to unauthorised advertising; infringes the intellectual property rights of another person; breachs third party personal rights; is defamatory, obscene or offensive material; promotes violence or discrimination – being a non-exhaustive list. EAT is entitled to use or delete any of your comments and material at its full discretion without further enquiries. Further, EAT.CH is entitled to exclude a violator of these Terms from further access to the Website. EAT.CH will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of this paragraph.

5.2 You will indemnify EAT.CH for all costs and damages, including legal fees, which it incur as a result of you breaching any of these rules.

6. LINKS TO AND FROM OTHER WEBSITES

6.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. EAT.CH has not reviewed all of these third party websites and is not responsible for these websites, their content or availability.

6.2 You may link to this Website, provided that you do so in a fair and legal way which does not damage EAT.CH’s reputation or take advantage of EAT.CH or suggests a form of association with EAT.CH where none exists. EAT.CH has the right to request the withdrawal of the link at any time.

7. DISCLAIMERS

7.1 The contract for the supply and purchase of food and beverages is between you and the chosen Delivery Restaurants that you placed your order for. EAT.CH cannot give any warranty that the food and beverages ordered from the Delivery Restaurants through this Website will be of satisfactory quality, in accordance with the descriptions on this Website, legal, available and delivered or collectable within the indicated time.

7.2 Whilst EAT.CH goes to great effort to display accurate information, item names, menus’, descriptions, prices, heat & allergenic warnings (including ingredients) and estimated times for deliveries on this Website, this information is ultimately provided by the Delivery Restaurants. If you are in doubt about anything, in particular allergy warnings or contents of a dish, it is best to confirm with the respective Delivery Restaurant directly prior to ordering. EAT.CH is not responsible for the correctness of the information displayed on the Website.

7.3 While EAT.CH tries to ensure this Website is normally available twenty four (24) hours a day, EAT.CH is not liable for temporary unavailability of the Website, the failure of individual or all website functions, or incorrect functioning of the Website.

7.4 Unfortunately, the transmission of information via the Internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to and from the Website; any transmission is at your own risk.

7.5 You are responsible for the security of your password that you used to register with this Website. Unless EAT.CH negligently discloses your password to a third party, EAT.CH will not be liable for any unauthorised transaction entered into using your name and password.

7.6 All liability of EAT.CH is hereby waived to the extent permitted by law.

8. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with Swiss law, excluding its conflicts of law rules and the Vienna Convention on the International Sales of Goods and Services. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the ordinary courts of the city of Zurich.

9. ADDITIONAL TERMS

9.1 If any provision or part of a provision of these Terms is found to be invalid, that provision shall be replaced by an economically equivalent provision and the remaining provisions of these Terms will remain in full force.

9.2 All communication of EAT.CH shall be deemed effective upon dispatch to the last address communicated by you to EAT.CH.

9.3 You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.

10. YOUR STATUS

10.1 By placing an order through our Website, you warrant that:

  • You are legally capable of entering into binding contracts; and
  • You are at least 18 years old.