Terms of use

General Terms and Conditions for Customers

 

The present 'General Terms and Conditions for Customers' are applicable to the relations between HappyBelly.co and the Customers. Store partners are referred to as the 'General Terms and Conditions for Store partners'.

  1. Definitions

 

  • the range of products and services offered by the Store partners that can be ordered by the Customer through the Platform.

 

  • an order placed by the Customer with the Store partners through the Platform as regards the Offer selected by the Customer.

 

  • a natural person or legal entity placing an Order through the Platform.

 

  • an agreement between the Customer and the Store partners regarding an Order and the delivery or collection of the Order.

 

  • the website(s), apps, tools and other equipment of HappyBelly.co and its affiliated companies and business partners on which the Service is made available.

 

Store partners: a company that prepares and sells meals, beverages and related articles and uses the Platform for the establishment and payment of the Agreements.

 

Store partners information: the information about the Store partners with regard to, among other things, company and contact information, general information, product range (meals, side dishes, options and beverages), prices for each individual product (including VAT), company logo, graphics, delivery area (including postal codes).

 

  • the commercial services and/or activities that are offered to the Customer by HappyBelly.co, including publication of the Offer, facilitation of the conclusion of Agreements and transmission of Orders to the relevant Store partners.

 

  • HappyBelly acting for itself and on behalf of any corporate entity or person that controls, are controlled by or under the common control, directly or indirectly, with Optimagrowth Ltd.

 

Tip: voluntary amount paid by a Customer intended for the employees’ partner stores.

 

2.  Identity of HappyBelly.co

 

Optimagrowth Ltd. operating under the name of ‘HappyBelly.co’: Address principal place of business: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Email: info@optimagrowth.com

 

3.   Applicability

 

  1. The present General Terms and Conditions for Customers are only applicable to the Service. HappyBelly.co is not responsible for the Offer. As the case may be, the general terms and conditions of the Store shall be applicable to the Offer in addition.

  2. By placing an Order the Customer directly concludes an Agreement with the Store for the Offer selected by the Customer. The Customer is bound by the Order and will not be entitled to a refund except in case of cancellation allowed by the Store pursuant to article 6 below.

 

4.   The Offer

 

  1. HappyBelly.co publishes the Offer on behalf of the Store on the Platform, in accordance with the Store partners information supplied by the Store partners. HappyBelly.co shall not accept any responsibility or liability for the contents of the Offer and the Store partners information on the Platform. The Store partners may use ingredients and additives of meals and drinks, that could cause allergies and intolerances. If a Customer is allergic to any foodstuffs, we advise to contact the Store partners by telephone for current allergen information before placing an Order.

  2. HappyBelly.co presents all Store partners information in such a way that it is clear to the Customer what his rights and obligations are after having accepted the Offer.

  3. HappyBelly.co shall not accept any liability for Platform availability.

 

5.   The Agreement

  1. he Agreement is effective as from the moment the Customer finalizes the Order by clicking the 'Buy now' button during the process of placing an Order through the Platform.

  2. After receipt of the Order, HappyBelly.co will electronically confirm the Order to the Customer.

  3. The Agreement can only be executed by the Store partners if the Customer provides correct and complete contact information when placing the Order. The Customer is obliged to immediately report any inaccuracies in the payment data supplied or mentioned to HappyBelly.co or the Store partners.

  4. With respect to the information on the status of his Order, after having placed the Order the Customer is required to be available by telephone or email (as indicated when placing the Order) for both the Store partners and HappyBelly.co.

  5. when the Customer collects the Order, he should be present at the selected time at the collection location of the Store partners, as indicated in the confirmation email, text message or on the HappyBelly.co website.

  6. Upon delivery of the Order, the Store partners could ask for identification if the Order contains alcoholic products or other products with an age limit. If the Customer cannot identify himself adequately or does not meet the minimum age requirements, the Store partners will refuse to deliver the relevant products to the Customer. In this case, cancellation costs may be charged

  7. HappyBelly.co does not accept any liability relating to the execution of the Agreement.

 

6.    Dissolution of the Agreement and cancellation of the Order

 

  1. Considering the perishable nature of the Offer, the Customer shall not be entitled to dissolve the Agreement. Orders cannot be cancelled by the Customer with HappyBelly.co. Cancellation of the Order with the Store partners is only possible by the Customer if the Store partners explicitly indicates that Cancellation of the Order by the Customer is possible.

  2. The Store partners are entitled to cancel the Order, e.g., if the Offer is no longer available if the Customer has provided an incorrect or inoperative telephone number or other contact information, or in case of force majeure.

  3. If the Customer places a false Order (for example by providing incorrect contact information, by not paying or by not being present on the collection location in order to receive the Order) or otherwise fails to comply with his obligations pursuant to the Agreement, HappyBelly.co shall be entitled to refuse any future Orders from such Customer.

  4. HappyBelly.co is entitled to refuse Orders and cancel Agreements on behalf of the Store partners, if there is reasonable doubt about the correctness or authenticity of the Order or contact information. If the Customer places Orders that appear as false or fraudulent, HappyBelly.co may report this to the police.

7.   Payment

 

  1. At the moment the Agreement is concluded in accordance with the provisions of article 5.1 of these General Terms and Conditions for Customers, Customer is obliged to pay the Store partners for the Order. The Customer may fulfil this payment obligation by using an online payment method through the Platform.

  2. Subject to the provisions of article 6 of these General Terms and Conditions for Customers, the (partial) reimbursement of an online payment shall only be possible if the Order cannot be delivered (entirely). The reimbursement shall always be made into the same account as the one from which the payment has been made. Depending on the payment method used by the Customer, the processing of the reimbursement will take a maximum of 10 working days.

  3. The Store partners have authorized HappyBelly.co to accept the Customer’s online payment on behalf of the Store partners.

 

8.   Complaints settlement

 

  1. Complaints from the Customer about the Offer, the Order or the performance of the Agreement, are to be filed with for receipt by the Store partners. The sole responsibility for the Offer of the Store partners and the performance of the Agreement lies with the Store partners. HappyBelly.co may only assume a mediating role.

  2. If the Customer has a complaint as regards the Service, the complaint is to be communicated by means of the contact form, by email or ordinary mail to the HappyBelly.co customer service, at the contact address as indicated in article 2 of the present General Terms and Conditions for Customers.

  3. Once the complaint has been received by HappyBelly.co, the latter shall react as soon as possible, but not later than within one week, with a confirmation of receipt. HappyBelly.co aims to handle the complaint as soon as possible, but not later than within two weeks.

  4. Complaints, as described in sections 1 and 2 of this article, must be filed promptly within due time after the Customer has detected the shortcomings, be fully and clearly described and filed with the respective Store partners (section 1) or HappyBelly.co (section 2).

  5. The European Commission manages an ODR platform. This platform can be found on http://ec.europa.eu/odr. HappyBelly.co explicitly excludes the use of any Alternative Dispute Resolution as referred to in Directive 2013/11/EU. The email address of HappyBelly.co is info@HappyBelly.co.

9.   Newsletter

  1. When placing the Order, the Customer may also subscribe to the newsletter. The Customer can unsubscribe from this newsletter through by contacting the customer service by using the contact data as mentioned under 'Correspondence Address' in article 2 of these General Terms and Conditions for Customers.

 

10. Inspection and correction of stored personal data

  1. HappyBelly.co shall process personal data relating to the Customer. The processing of personal data is subject to the Privacy Statement.