TERMS AND CONDITIONS

Article 1: DEFINITIONS

Dabba Dinner: defined in article 2 of these general terms and conditions;

Counterparty: the person who, by signing an agreement or otherwise, has accepted the validity of these general terms and conditions;

Agreement: any consensus between Dabba dinner and the Other Party aimed at delivering meals (products);

Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;

Written (e): by e-mail, by fax, by post or by a physical document;

Third parties): persons who are not involved in the agreement;

Dabba: a stainless steel packaging.

Article 2: IDENTITY

Company name: Dabba Dinner VOF
Street name and number: Willemsweg 41
Postcode and location: 6531DB Nijmegen
Chamber of Commerce number: 78134005

Article 3: GENERAL PROVISIONS

These general terms and conditions apply to every offer from Dabba Dinner and to every agreement reached between Dabba Dinner and the Other Party. Before the agreement is concluded, the text of these general terms and conditions will be made available to the Other Party. If this is not reasonably possible, Dabba Dinner will indicate before the agreement is concluded how the general terms and conditions can be viewed at Dabba Dinner.
If the agreement is concluded electronically, contrary to the previous paragraph and before the agreement is concluded, the text of these general terms and conditions can be made available electronically to the Other Party in such a way that the Other Party can easily do this. are stored on a durable data carrier. If this is not reasonably possible, it will be indicated before the agreement is concluded where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the Other Party.
Unless expressly agreed otherwise and In Writing, the applicability of other general terms and conditions is excluded.
Deviations or additions to these general terms and conditions are only valid if they have been explicitly agreed in Writing.
Dabba Dinner is entitled to engage Third Parties for the implementation of the agreement.

Article 4: OFFER

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Other Party. If Dabba Dinner uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors regarding, for example, amounts or images displayed do not bind Dabba Dinner.

Article 5: THE AGREEMENT

  1. The agreement is concluded at the time of acceptance by the Other Party of the offer and compliance with the corresponding conditions.
  2. If a provision of the general terms and conditions or an agreement proves to be null and void or is nullified, this does not affect the validity of the entire general terms and conditions or agreement. The parties will enter into consultations in order to agree on a new provision to replace the invalid or annulled provision, whereby the purpose and purport of the invalid or annulled provision are taken into account as much as possible. 
  3. Dabba Dinner reserves the right not to implement a concluded agreement, for example if it has reasonable doubts or information that the Other Party will not (be able to) meet its (financial) obligations. If Dabba Dinner refuses, it will notify the Other Party in Writing of the refusal within a reasonable term after the conclusion of the agreement.
  4. If the Other Party has accepted the offer electronically, Dabba Dinner will immediately confirm receipt of the acceptance of the offer electronically.

Article 6: RIGHT OF WITHDRAWAL

  1. The Other Party acting as a consumer can dissolve a distance contract or an agreement concluded outside the sales area without giving reasons until a period of 14 (fourteen) days has passed, after:
    1. In the case of an agreement to provide services: the day on which the agreement is concluded. This right of withdrawal lapses when the performance of the service, with the consent of the consumer, has started before the end of this reflection period;
    2. In case of consumer purchase: the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the item.
  2. Dabba Dinner's freshly made meals have a limited shelf life and can therefore not be returned. The right of withdrawal is therefore not applicable. The sale is therefore final after successful payment, provided that the delivered items comply with the agreement.
  3. If a Counterparty acting as a Consumer can exercise its right of withdrawal, the Counterparty must ensure that the product is returned.
  4. The right of withdrawal is always excluded if the Other Party is not a Consumer.

Article 7: LIABILITY

The following eight paragraphs apply if the Other Party has a Consumer is:

  1. The total liability of Dabba Dinner is limited to compensation for damage up to an amount of € 1000 (thousand) excluding VAT.
  2. Under no circumstances will the total compensation for damage amount to more than the amount to be paid out by Dabba Dinner's liability insurance.
  3. Dabba Dinner is not liable for damage caused by the Other Party's failure to communicate his or her allergies to Dabba Dinner.
  4. Dabba Dinner is not liable for damage caused by the Other Party's failure to read the allergy warnings or to act on these explicit warnings by Dabba Dinner.
  5. The liability of Dabba Dinner is not limited for damage that is the result of intent or deliberate recklessness on the part of Dabba Dinner.
  6. A condition for any right to compensation to arise is always that the Other Party reports the damage to Dabba Dinner in Writing as soon as possible after it has arisen. Any claim for compensation against Dabba Dinner expires by the mere lapse of 12 (twelve) months after the claim arose.
  7. Dabba Dinner is not liable for damage caused by auxiliary persons as referred to in art. 6:76 BW.
  8. The Other Party indemnifies Dabba Dinner against any claim from Third Parties.

If the Other Party is acting in the exercise of a profession or business, the following paragraphs apply:

  1. Dabba Dinner is not liable for indirect damage. The liability of Dabba Dinner is not excluded for damage resulting from intent or deliberate recklessness on the part of Dabba Dinner.
  2. Dabba Dinner is not liable for direct damage. The liability of Dabba Dinner is not excluded for damage resulting from intent or deliberate recklessness on the part of Dabba Dinner.
  3. If Dabba Dinner is nevertheless liable for direct damage, the total liability of Dabba Dinner will be limited to compensation for damage up to an amount of € 1000 (thousand) excluding VAT.
  4. Dabba Dinner is not liable for damage caused by the Other Party's failure to disclose allergies to Dabba Dinner.
  5. Dabba Dinner is not liable for damage caused by the Other Party's failure to read the allergy warnings or to act on these explicit warnings by Dabba Dinner.
  6. The amount of the compensation will never exceed the amount paid out by Dabba Dinner's liability insurance.
  7. Direct damage is understood to mean:
    1. Reasonable costs that the Counterparty would have to incur to have the performance of Dabba Dinner comply with the Agreement; however, this replacement damage will not be compensated if the Agreement is dissolved by or at the request of the Other Party;
    2. Reasonable costs incurred to determine the cause and extent of the damage insofar as the determination relates to damage within the meaning of these conditions;
    3. Reasonable costs incurred to prevent or limit damage insofar as the Counterparty demonstrates that these costs have resulted in limitation of damage within the meaning of these terms and conditions.
  8. A condition for any right to compensation to arise is always that the Other Party reports the damage to Dabba Dinner in Writing as soon as possible after it has arisen. Any claim for compensation against Dabba Dinner expires by the mere lapse of 12 (twelve) months after the claim arose.
  9. Dabba Dinner is not liable for damage caused by auxiliary persons as referred to in art. 6:76 BW.
  10. The Other Party indemnifies Dabba Dinner against any claim from Third Parties.

Article 8: FORCE MAJEURE

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of Dabba Dinner in the fulfillment of any obligation towards the Other Party cannot be attributed to Dabba Dinner in the event of a circumstance independent of the will of Dabba Dinner, whereby the fulfillment of its obligations towards the Other Party are wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of the Other Party. These circumstances also include nuisance to the deliverer due to traffic accidents, nuisance to the deliverer due to complications with his means of transport, non-performance of suppliers and illness of employees.
  2. If a situation as referred to in paragraph 1 of this article arises as a result of which Dabba Dinner cannot meet its obligations towards the Other Party, those obligations will be suspended as long as Dabba Dinner cannot meet its obligations.

Article 9: COMPLAINTS

  1. The Other Party can no longer invoke a defect in performance if it has not protested to Dabba Dinner within two months after it has discovered or should reasonably have discovered the defect. If there is a visible defect on delivery, a period of 48 (forty eight) hours applies.
  2. The Other Party must in any case give Dabba Dinner 4 (four) weeks to resolve the complaint in mutual consultation.
  3. If a complaint is not reported to Dabba Dinner within the periods stated in the previous paragraphs, the product is deemed to comply with the Agreement and to function in accordance with the Agreement.

Article 10: TRANSFER

  1. Rights of a party under this Agreement cannot be transferred without the prior Written consent of the other party. This provision applies as a clause with property law effect as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.
  2. This provision is valid until it is no longer legally permissible.

Article 11: Deposit and retention of title

  1. Ownership of the delivered Dabba will not transfer to the Other Party until a period of 6 (six) weeks has elapsed. Within this period, the Other Party is entitled to return the Dabba to Dabba Dinner against a refund of the deposit. This condition applies from every most recent order.
  2. The deposit of a Dabba is 5 (five) euros and is paid once when ordering the first meal. In the future, the Dabba is exchanged for a new one when ordering a new meal.
  3. More money is never paid out when handing in Dabbas than has to be paid for the meal. Extra Dabbas can be returned at a different time at the location where Dabba Dinner prepares its meals.
  4. The Other Party is not authorized to pledge or otherwise encumber the goods subject to retention of title.
  5. If Third Parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the Other Party is obliged to notify Dabba Dinner of this as soon as may reasonably be expected.

Article 12: INTELLECTUAL PROPERTY

  1. Dabba Dinner will at all times remain the owner of all intellectual or industrial property rights accruing to Dabba Dinner that already existed before the start of the Agreement, unless the Agreement entails a transfer of intellectual or industrial property rights.

Article 13: APPLICABLE LAW AND FILING

  1. Dutch law applies to these general terms and conditions, assignments and / or other Agreements.
  2. These general terms and conditions have been filed with the Chamber of Commerce.

Article 14: SURVIVAL

  1. The provisions of the general terms and conditions and the Agreement that purport to remain valid after termination of the Agreement, including but not limited to Article 12 (Intellectual Property), Article 13 (Applicable law), Article 7 (Liability) and this provision (Survival) will remain in full force after termination of the Agreement.

Article 15: Changes to the General CONDITIONS

  1. Dabba Dinner is always entitled to unilaterally change the general terms and conditions that apply to the Agreement.
  2. This change takes effect 1 (one) month after notification to the Other Party.
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