Terms and Conditions
1. Definitions
In these terms and conditions the following definitions apply: General Conditions: the General Conditions Restaurant Juliana 花城大酒楼. Additional agreement: an agreement whereby the Consumer acquires products in connection with a distance agreement and these goods are delivered by the Entrepreneur or by a third party on the basis of an agreement between that third party and the Entrepreneur; Reflection period: the period within which the Consumer can make use of his right of withdrawal, if applicable to the Agreement concluded with the Entrepreneur; Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession; Day: calendar day; Duration agreement: an agreement that extends to the regular delivery of goods and/or services during a certain period; Durable data carrier: any tool - including e-mail - that enables the Consumer or Entrepreneur to store information that is personally addressed to him/her in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information; Right of withdrawal: the Consumer's option to cancel the Agreement within the cooling-off period; Entrepreneur: the natural or legal person who offers products to Consumers at a distance; Agreement: an agreement concluded between the Entrepreneur and the Consumer in the context of an organized system for distance selling of products, whereby up to and including the conclusion of the Agreement, one or more techniques for communication on distance; Technique for distance communication: means that can be used for concluding an Agreement, without the Consumer and Entrepreneur having to meet in the same room at the same time.
2. Identity of the Entrepreneur
Restaurant Juliana 花城大酒楼
Amsterdamsestraatweg 464
3553 EL Utrecht
030 244 0032
3. Applicability
3.1 These General Terms and Conditions apply to every offer from the Entrepreneur and to every Agreement concluded between the Entrepreneur and the Consumer. 3.2 Before the Agreement is concluded, the text of these General Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, the Entrepreneur will indicate, before the Agreement is concluded, how the General Terms and Conditions can be viewed at the Entrepreneur's office (for example on its website) and that, at the request of the Consumer, they will be sent free of charge as soon as possible (by email). email) will be sent. The text of these general terms and conditions, which will be made available to the Consumer electronically, can be easily stored by the Consumer on a durable data carrier. 3.3 These General Terms and Conditions are deemed to be applicable to (future) follow-up and/or supplementary offers, as well as to Distance Contracts and/or the conclusion and/or implementation thereof, as the usual terms and conditions of the Entrepreneur. 3.4 If one or more separate provisions in these General Terms and Conditions or in the Distance Contract between the Entrepreneur and the Consumer prove to be invalid, this does not affect the validity of other provisions of the General Terms and Conditions, nor that of the Distance Agreement itself. of which the General Terms and Conditions form part. The parties will replace the relevant provision(s) with one or more new provisions, the purport of which corresponds as much as possible to the original provision(s).
4. The offer
4.1 If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer. 4.2 The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Consumer. If the Entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding on the Entrepreneur. 4.3 Each offer contains such information that it is clear to the Consumer what the rights and obligations are that are attached to the acceptance of the offer.
5.The Agreement
5.1 Subject to the provisions of paragraph 4, the Agreement is concluded at the time of acceptance by the Consumer of the offer and compliance with the associated conditions. 5.2 If the Consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the Entrepreneur, the Consumer can dissolve the Agreement. 5.3 If the Agreement is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur will observe appropriate security measures. 5.4 The Entrepreneur can - within legal frameworks - inquire whether the Consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the Agreement. If the Entrepreneur on the basis of this investigation has good reasons not to enter into the Agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation. 5.5 At the latest upon delivery of the product to the Consumer, the Entrepreneur will send the following information, in writing or in such a way that it can be stored by the Consumer in an accessible manner on a durable data carrier: a) the visiting address of the Entrepreneur's establishment where the Consumer can go with complaints; b) the information about guarantees and possible after-sales service; and c) the price including all taxes of the product; to the extent applicable, the costs of delivery; and the manner of payment, delivery or performance of the Agreement.
6. Right of withdrawal
6.1 Provided that one of the exceptions referred to in Article 10.1 does not apply, the Consumer may terminate an Agreement with regard to the purchase of a product during a reflection period of at least 14 days without stating reasons. The Entrepreneur may ask the Consumer for the reason for withdrawal, but not oblige him to state his reason(s). 6.2 The reflection period referred to in paragraph 1 starts on the day after the Consumer, or a third party designated in advance by the Consumer, who is not the carrier, has received the product, or: if the Consumer has ordered several products in the same order: the day on which the Consumer, or a third party designated by him, has received the last product. The Entrepreneur may, provided he has clearly informed the Consumer about this prior to the ordering process, refuse an order for several products with different delivery times. if the delivery of a product consists of several shipments or parts: the day on which the Consumer, or a third party designated by him, has received the last shipment or the last part; for Agreements for regular delivery of products during a certain period: the day on which the Consumer, or a third party designated by him, has received the first product. If the Entrepreneur has not provided the Consumer with the legally required information about the right of withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article. 6.3 If the Entrepreneur has provided the Consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the Consumer received that information.
7. Obligations of the Consumer during the cooling-off period
7.1 During the reflection period, the Consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the Consumer may only handle and inspect the product as he would be allowed to do in a store. 7.2 The Consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1. 7.3 The Consumer is not liable for depreciation of the product if the Entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
8. Exercise of the right of withdrawal by the Consumer and costs thereof
8.1 If the Consumer makes use of his right of withdrawal, he will report this unambiguously to the Entrepreneur within the reflection period. 8.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Consumer shall return the product or hand it over to (an authorized representative of) the Entrepreneur. This is not necessary if the Entrepreneur has offered to collect the product himself. The Consumer has in any case observed the return period if he returns the product before the reflection period has expired. 8.3 The Consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Entrepreneur. 8.4 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer. 8.5 The Consumer bears the direct costs of returning the product. If the Entrepreneur has not reported that the Consumer must bear these costs or if the Entrepreneur indicates that he will bear the costs himself, the Consumer does not have to bear the costs for return.
9. Obligations of the Entrepreneur in case of withdrawal
9.1 If the Entrepreneur makes the notification of withdrawal by the Consumer possible electronically, he will immediately send a confirmation of receipt after receipt of this notification. 9.2 The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs charged by the Entrepreneur for the returned product, without delay but within 14 days following the day on which the Consumer notifies him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the Consumer demonstrates that he has returned the product, whichever is earlier. 9.3 The Entrepreneur uses the same payment method that the Consumer has used for reimbursement, unless the Consumer agrees to another method. The refund is free of charge for the Consumer. 9.4 If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the Entrepreneur does not have to reimburse the additional costs for the more expensive method.
10. Exclusion right of withdrawal
10.1 The Entrepreneur can exclude the following products and services from the right of withdrawal, but only if the Entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the Agreement: - Products that spoil quickly or have a limited shelf life; - Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery; - Products that are irrevocably mixed with other products after delivery by their nature; and - Alcoholic drinks, the price of which has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence.
11. The price
11.1 During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates. 11.2 Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. 11.3 Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and these are the result of legal regulations or provisions; whether the Consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect. 11.4 The prices stated in the offer of products include VAT.
12. Compliance with the agreement and additional warranty
12.1 The Entrepreneur guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. . If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
13. Delivery and execution
13.1 The Entrepreneur will take the greatest possible care when receiving and executing orders for products. 13.2 The place of delivery is the address that the Consumer has made known to the Entrepreneur. 13.3 With due observance of what is stated about this in Article 4 of these General Terms and Conditions, the Entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the Consumer will be notified of this no later than 30 days after he has placed the order. In that case, the Consumer has the right to dissolve the Agreement without costs and is entitled to any compensation. 13.4 After dissolution in accordance with the previous paragraph, the Entrepreneur will immediately repay the amount that the Consumer has paid. 13.5 The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the Consumer or a representative designated in advance and made known to the Entrepreneur, unless expressly agreed otherwise.
14. Duration Transactions: Duration, Cancellation and Renewal
14.1 Termination: The Consumer can terminate an Agreement that has been entered into for an indefinite period and that extends to the regular delivery of products, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month. The Consumer can terminate an Agreement that has been entered into for a definite period and which extends to the regular delivery of products, at any time towards the end of the definite term, with due observance of the agreed cancellation rules and a notice period of no more than one month. An Agreement that has been entered into for a definite period of time and which extends to the regular delivery of products may not be tacitly extended or renewed for a definite period. 14.3 An Agreement that has been entered into for a definite period and which extends to the regular delivery of products, may only be tacitly extended for an indefinite period if the Consumer may cancel at any time with a notice period of no more than one month. 14.4 Duration: If an Agreement has a duration of more than one year, the Consumer may terminate the Agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration. 14.5 The Agreement will be deemed to have been dissolved by operation of law, without the intervention of a court, if one of the Parties or third parties applies for or obtains a (provisional) suspension of payments, applies for bankruptcy and/or if one of the Parties is declared bankrupt. and/or one of the Parties, voluntarily or involuntarily, proceeds to liquidate the (current) company.
15. Payment
15.1 Insofar as not provided otherwise in the Agreement or additional conditions, the amounts owed by the Consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the Agreement. . 15.2 When selling products to Consumers, the Consumer may never be obliged in the General Terms and Conditions to pay more than 50% in advance. When advance payment has been stipulated, the Consumer cannot assert any rights with regard to the execution of the relevant order before the stipulated advance payment has been made. 15.3 The Consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the Entrepreneur. 15.4 If the Consumer does not meet his payment obligation(s) in time, after he has been informed by the Entrepreneur of the late payment and the Entrepreneur has granted the Consumer a period of 14 days to still meet his payment obligations, after if payment is not made within this 14-day period, the statutory interest will be owed on the amount still due and the Entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The Entrepreneur may deviate from the stated amounts and percentages in favor of the Consumer.
16. Complaints procedure
16.1 The Entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. 16.2 Complaints about the implementation of the Agreement must be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Consumer has discovered the defects. 16.3 Complaints submitted to the Entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the Consumer can expect a more detailed answer. 16.4 If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months of submitting the complaint, a dispute will arise that is subject to the dispute settlement procedure.
17. Force Majeure
17.1 Neither of the Parties is obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure. 17.2 Force majeure on the part of the Entrepreneur exists if an external circumstance prevents the Entrepreneur from fulfilling the Agreement and it is thus entitled to suspend the execution of the Agreement and the Entrepreneur is therefore no longer obliged to fulfill its obligations. 17.3 In that case, the consumer is not entitled to compensation for damage, costs or interest. 17.4 In the event of a force majeure situation, the Parties are authorized to dissolve the Agreement for the part that cannot be performed by means of a written statement after fourteen (14) days.
18. Personal data
18.1 Entrepreneur will have access to personal data of Consumers involved in the delivery of products. When executing the Agreement, the Entrepreneur will partially process it in accordance with its privacy and cookie policy, which is stated on its website. 18.2 The Entrepreneur will not process the personal data for any other purpose than as agreed with the Consumer in the Agreement and will ensure compliance with the applicable laws and regulations for the protection of privacy and security. In addition, this processing will be in accordance with the Personal Data Protection Act, the guidelines most recently published by the Dutch Data Protection Authority and the (European) General Data Protection Regulation with regard to the security (and processing) of personal data. 18.3 In doing so, the Entrepreneur will endeavor to take effective technical and organizational measures when processing personal data to prevent loss and/or any other form of unlawful processing of personal data.
19. Liability
19.1 Unless otherwise stipulated, liability of the Entrepreneur due to an attributable failure to comply with the Agreement only arises if the Consumer has given the Entrepreneur a written notice of default, whereby a reasonable term is set to remedy the failure and the Consumer continues to imputably fail to fulfill its obligations after that term. the fulfillment of its obligations. 19.2 A condition for the existence of any right to compensation is always that the Consumer reports the damage in writing to the Entrepreneur as soon as possible after it has arisen, but no later than within one month after the Consumer became aware of the damage and/or should reasonably have become aware of the damage. 19.3 The Entrepreneur has the right at all times, if and insofar as possible, to undo or limit the damage suffered by the Consumer by repairing or improving the defective product(s). 19.4 The Entrepreneur is never obliged to compensate the Consumer for indirect damage, including but not limited to loss of profit, lost savings, reduced goodwill, damage as a result of claims from other Consumers, mutilation or loss of data, and loss of data is expressly excluded. The Entrepreneur's total liability towards the Consumer, for whatever reason, is limited to compensation for direct damage. 19.5 The limitations and exclusions of liability stated in this article do not apply if and insofar as the damage is the result of intent or willful recklessness on the part of the Entrepreneur or of a person belonging to the management of the Entrepreneur.
20. Choice of law and forum
Dutch law applies to this Agreement and any additions, and all disputes that may arise from this Agreement will be submitted exclusively to the judgment of the competent court in Utrecht. The possible applicability of the Vienna Sales Convention is excluded.
21.Additional or Deviating Provisions
Additional provisions or provisions that deviate from these General Terms and Conditions may not be to the detriment of the Consumer and must be recorded in writing or in such a way that they can be stored by the Consumer in an accessible manner on a durable data carrier.