(effective from: 05.12.2018)
EAT.CH GmbH GENERAL TERMS AND CONDITIONS (“GTC”)
These General Terms and Conditions (‘GTC’) define the rules for using the websites, related mobile sites and mobile applications (referred to individually and collectively as the ‘Websites’) operated by EAT.ch GmbH, Werdstrasse 21, 8004 Zurich, Switzerland (‘EAT.ch’). Please read these GTC carefully before ordering products or using the Websites. These GTC count as accepted by you as soon as you order a product or use the Websites. If you reject these GTC, please do not use the Websites.
EAT.ch can amend these GTC at any time. Therefore, you should check the GTC every time you are about to place an order or use the Websites. EAT.ch will notify you of the changes if EAT.ch amends these GTC and you are registered with us. If you do not notify EAT.ch in writing that you do not agree with the announced changes within 14 days of receiving such a notification or if you order a product after receiving such a notification, the changes will count as accepted by you. When you use the Websites or place an order, you are bound by the applicable GTC at that time.
1. EAT.CH Services
1.1 As an intermediary, EAT.ch lists restaurants on its Websites from which customers can order products. After a restaurant has received an order for a product, a purchase agreement comes into existence between the customer and that restaurant. EAT.ch is not party to the purchase agreement between the customer and the restaurant.
2. Ordering, Processing and Payment
2.1 It is important that you check the information you have entered before submitting your order, and correct it if necessary. You are bound to your order as soon as you place it. At this point, mistakes can no longer be corrected and you will not be entitled to a refund for products you have ordered by mistake.
2.2 The prices specified on the Websites will be charged for the order. These prices include VAT. An additional service fee for the services of EAT.ch in connection with processing the order and customer care services, as well as any delivery costs of the chosen restaurant, are not covered by the price of the product and will be added to the total price in the basket. If you enter a voucher code that is recognised by the Websites, a discount will be applied to the total price.
2.3 You must pay for all orders with a credit or debit card accepted by the Website, with PayPal, with another cashless method in advance, or with cash on delivery. If your cashless online payment is not accepted, EAT.ch is not obliged to continue processing the order.
2.4 Upon receiving the order, EAT.ch will send you an order confirmation by e-mail.
2.5 If you are not satisfied with the quality or price of the product or the service of the restaurant, you must bring any and all claims to the restaurant directly.
2.6 In the event of a delay or any other problem with the order, you can contact the EAT.ch Customer Care Team by phone or e-mail. You can find all of the necessary details on the ‘Help’ page.
These Websites and the content published therein (including photographs and graphical content) are protected worldwide by copyright, trademarks and other intellectual property rights belonging to EAT.ch and its licensers. The content may not be used for any purpose other than using the offered services.
4. Data Protection
4.1 We are obliged to protect your personal data. All of the personal data we collect is processed in accordance with the Swiss data protection regulations.
4.2 If you visit the Websites or place an order through the Websites, you will be asked for personal data (including your name, contact information, address, credit and/or debit card information, etc.). We store personal data relating to your use of the Websites as well as from messages that you send us. Your personal data enables us to provide you with access to the Websites (areas that require you to log in), provide you with the services you order and contact you. We then collect and analyse personal data for statistical purposes and in order to manage, support, improve and develop our business. We can also use your personal data to ask you for feedback on our services and to notify you of important developments and initiatives.
4.3 We transmit your personal data to restaurants from which you order products, companies which process credit card transactions, couriers and third parties which perform services for us. By sending us your personal data, you consent to this sharing and processing of your personal data in line with these GTC. EAT.ch has implemented suitable measures to ensure that your personal data is processed securely.
4.4 Personal data transmitted to us may be stored on servers abroad, and the third parties that we assign – as described in section 4.3 – may be based abroad in a country with no equivalent data protection legislation. However, we have implemented suitable measures to ensure adequate security in accordance with the Swiss data protection regulations.
4.5 Unless you have told us that you do not want to receive such information, we will notify you of similar products and services that might be of interest to you by phone, SMS, e-mail, push notification, social media, etc. You can change your mind at any time. If you no longer wish to receive such marketing material or updates from EAT.ch in future, please use the unsubscribe option in the marketing material itself.
4.6 Additionally, we will disclose your personal data to selected third parties so they can provide you with information about their products and services that might be of interest to you, as well as to social media providers. You can change your mind in this regard at any time by notifying us that you are withdrawing your consent to all future disclosures for such purposes.
On behalf of EAT.ch, Google Analytics also processes the information that the cookie collects about you in order to analyse how you use the Websites and provide EAT.ch with services relating to use of the Internet. Your IP address which is sent by your browser to Google Analytics is only processed by Google Analytics and disclosed in the USA in its truncated, anonymised form, and is not merged with other data held by Google. You can prevent Google Analytics from collecting or processing the data generated by the cookie concerning your use of the Websites by downloading and installing the browser add-on from the following link: http://tools.google.com/dlpage/gaoptout?hl=us.
You can prevent the installation of cookies by selecting the appropriate settings in your browser, although please note that in this case you might not be able to make full use of all of the features of the Websites. Not deactivating the installation of cookies in your browser counts as consent to your data that is collected through cookies being processed in the ways described above and for the purposes described above.
5. Rules of Conduct
5.1 By clicking a link that is sent to you after you place an order, you can leave ratings and feedback on your experience with the restaurant. The average rating of a restaurant in our selection is based on the past 90 days and is updated on a daily basis in order to provide you with the most accurate rating of the restaurant possible. With the exception of your personal data, all of your comments or content on the Websites are not considered confidential and will not be treated as if they were protected by copyright. It is prohibited to leave ratings and feedback that infringe domestic or foreign legal regulations, disrupt the operation of the Websites, are illegal or fraudulent, represent unauthorised advertising, infringe the property or privacy rights of third parties, are libellous or offensive, incite violence or discrimination or are inappropriate in any other way. EAT.ch is entitled to delete, publish or refuse to publish all ratings at any time, with no further enquiries. EAT.ch is entitled to prevent people from accessing the Websites if they violate the provisions of this section. EAT.ch will, to the fullest extent, comply with the instructions of authorities and courts that request the disclosure of the identity or place of residence of a person. Furthermore, EAT.ch reserves the right to take legal action itself in serious cases.
5.2 You must reimburse EAT.ch for all costs and damage (including legal fees) suffered by EAT.ch due to your infringement of section 5.1.
6. Links to and from other websites
6.1 Links to EAT.ch on third-party websites are provided exclusively for your convenience. EAT.ch has not checked such sites and is not responsible for their content or availability.
6.2 Links can be created on such sites as long as this takes place in a fair, legally admissible manner, does not damage the reputation of EAT.ch, does not exploit EAT.ch unlawfully and does not imply a relationship with EAT.ch that does not exist.
7. Warranty and Liability
7.1 The contract concerning the purchase and delivery of food and drink is between the customer and the restaurant where the customer placed the order. EAT.ch does not guarantee that the ordered goods will be of satisfactory quality, will be consistent with the descriptions on the Websites, will be available on time or will be delivered on time.
7.2 The information on available products, menus, descriptions, prices, ingredients, origins and delivery times published on the Websites originates from the restaurants and not from EAT.ch. If you require more detailed information on the ingredients of a dish due to allergies or have doubts regarding certain information, you should contact the restaurant directly before placing an order. EAT.ch is not responsible for the accuracy or completeness of the information on the Websites; this is the sole responsibility of the restaurant in question.
7.3 Although EAT.ch normally strives to keep the Websites operational 24 hours a day, EAT.ch cannot be held liable if the Websites are temporarily unavailable, nor for disruptions to features on the Websites, delays in transmission or malfunctions.
7.4 The transmission of data over the Internet is never fully secure. Although we continuously take reasonable steps to protect your information, we cannot guarantee the security of your data. All data is sent at your own risk.
7.5 You are responsible for the security of the password that you use on the Websites. You are responsible for all transactions with your password.
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.