Terms and Conditions
Article 1 Definitions
Words used in these General Terms and Conditions (whether singular or plural) that begin with a capital letter have the meaning of the words in italics as defined below in this article.
1.1 General Terms and Conditions: these general terms and conditions, mentioned on the website www.ekomenu.com.
1.2 Order Procedure: the procedure by which a Customer orders a Product by phone, at home, or via the website.
1.3 Customer: the counterparty with whom EKOMENU enters into an Agreement.
1.4 Agreement: the agreement, of which the General Terms and Conditions form an integral part, regarding the purchase and delivery of a Product.
1.5 Parties: EKOMENU and Customer jointly.
1.6 EKOMENU: the party that uses the General Terms and Conditions, also the counterparty of the Customer.
1.7 Website: the EKOMENU website, found under the URL https://www.ekomenu.com.
1.8 Product: items that EKOMENU offers on its Website or door-to-door, which the Customer can order.
Article 2 Applicability
2.1 The General Terms and Conditions apply to all Agreements, newsletters (including email newsletters), the Website, the Order Procedure, and contacts and acts (including legal acts) between the Parties, even if these acts do not lead to an Agreement.
2.2 The applicability of general delivery or payment conditions or any other general or special conditions of the Customer is expressly excluded.
Article 3 Conclusion of an agreement
3.1 The Products offered on the Website with associated prices are considered a non-binding offer. They can be accepted by the Customer either directly via EKOMENU or by going through and completing the entire Order Procedure. An Agreement can be concluded verbally, in writing, or electronically. EKOMENU will confirm the conclusion of the Agreement to the Customer in writing or electronically.
3.2 If the planner on the website is used to schedule deliveries in advance, the Agreement can be terminated immediately by either the Customer or EKOMENU no later than 24:00 on Monday prior to the next delivery. The Customer is entitled to cancel the Product in accordance with the term referred to in Article 7. After this term expires, cancellation must be communicated to EKOMENU no later than 24:00 on Monday prior to the next scheduled delivery.
3.3 EKOMENU does not guarantee the absence of errors or omissions in the offer referred to above. Printing and typing errors are therefore expressly reserved, and can be grounds for not implementing the Agreement. If EKOMENU decides not to implement the Agreement, it will immediately inform the Customer.
3.4 If the Agreement is not concluded or dissolved for any reason whatsoever, including the situation referred to in the last sentence of the previous paragraph, EKOMENU will ensure that any amounts paid to EKOMENU in advance by the Customer will be refunded to the Customer as soon as EKOMENU can do so. This refund will in any case be made within 14 (fourteen) days. If this situation occurs within the first 14 days after the first box has been delivered, the statutory right of withdrawal referred to in Article 7 and associated conditions apply.
3.5 EKOMENU is entitled, without stating reasons, to refuse a request to conclude an Agreement, and to attach additional conditions to the conclusion of an Agreement. EKOMENU is entitled to terminate the Agreement if the Customer does not comply with the provisions of these General Terms and Conditions.
3.6 EKOMENU determines in which postcode areas it delivers its Product. A Customer may be refused service because EKOMENU does not deliver to a certain postcode area.
Article 4 Prices and payment
4.1 The prices on the Website are in Euros, and include VAT and any other government charges.
4.2 EKOMENU is entitled to change prices at any time.
4.3 The amounts owed can be paid by the Customer in the following ways:
a. the first payment on registration by transfer via Bancontact or iDEAL via our website;
b. by direct debit (domiciliation), provided that EKOMENU agrees to this and has received the Customer's approval for this via the website.
Article 5 Delivery and delivery time
5.1 Delivery times are stated on the Website and in confirmation e-mails.
5.2 EKOMENU will make every effort to meet these delivery dates.
5.3 If and insofar as EKOMENU is unable to deliver the ordered Products to the Customer within 30 (thirty) days, the Customer is entitled to cancel the Agreement after EKOMENU has notified the Customer that it is unable to perform the Agreement within the stipulated period. Article 3.4 will then apply accordingly.
5.4 The Product will be delivered to the address specified by the Customer during the conclusion of the Agreement.
5.5 If the Customer is not present at the agreed time of delivery, an attempt will be made to deliver the box to one of the neighbours. If it is not possible to deliver to the neighbours, the carrier will return the box. If possible, a new delivery time will be agreed in consultation between EKOMENU and the Customer. The costs for this subsequent delivery are borne by the Customer, unless EKOMENU or the carrier has acted very negligently.
Article 6 Complaints
6.1 If and to the extent of the Customer’s opinion the properties of the Product do not comply with the Agreement, the Customer will enter into consultation with EKOMENU. The Customer has the legal guarantee period of two years. Since the delivered Product is mostly fresh/cooled/frozen products, the Customer will not return the items to EKOMENU. Complaints are only possible if:
a. The Customer inspected the delivered goods immediately upon receipt and reported any defects to EKOMENU by e-mail as soon as possible but at the latest within two months.
b. The Customer states at least their name, customer number, main delivery address and a description of the defect;
c. The Customer has not consumed any of the ingredients of the delivery, on which the Customer is making a claim.
6.2 If, after investigation by EKOMENU, it is shown that the properties of the Product do comply with the Agreement, EKOMENU will enter into consultation with the Customer.
6.3 If, after investigation by EKOMENU, it is shown that the properties of the Product do not comply with the Agreement, then the Customer is entitled to a replacement Product, if still available.
6.4 Any reference to the value of the Product in the previous paragraph refers to the price agreed in the Agreement.
6.5 If customer enters into a new subscription with EKOMENU, they can always cancel before the next delivery. This can be done in your account min. 4 days after the first order, or by email to klantenservice@ekomenu.nl or klantenservice@ekomenu.be
Article 7 Right of withdrawal
7.1 Please take note of the information below regarding the legal right of withdrawal for users.
7.2 You have the right to withdraw your subscription to EKOMENU within 14 days of the delivery of your first box, without giving reasons. If you exercise this right, you only pay for any boxes already delivered during these 14 days and the boxes that have already been scheduled at that point (after 24:00 on the Monday before the delivery day).
7.3 To revoke the agreement, you can use the sample form which can be found in Annex I of the General Terms and Conditions or you can download the sample form in pdf format. You can also notify us by e-mail, by post or by phone.
7.4 In the event of a product withdrawal, refunds of prepaid deliveries shall be made within 14 days using the same means of payment as you used to pay for the order.
Article 8 Processing personal data
8.1 If and insofar as personal data of the Customer is processed, the purpose of this processing is limited to:
a. be able to perform and enforce the Agreement;
b. inform the Customer about the deliveries;
c. subject to the limitation of the following paragraph, inform the Customer about EKOMENU’s new and existing products and services.
8.2 The commercial communications referred to in the preceding paragraph under c will only be sent electronically to Customers (such as but not limited to email newsletters and SMS messages) if the Customer has given consent to do so via the request made by means of these General Terms and Conditions during the EKOMENU Order Procedure.
8.3 The Customer is always entitled to inspect their personal data free of charge and, if desired, to have EKOMENU correct this data in the event of inaccuracies.
Article 9 Applicable law, complaints and disputes
9.1 For deliveries in the Netherlands, the Agreement and further agreements resulting from it are governed by Dutch law. For deliveries in Belgium, the Agreement and further agreements resulting from it are governed by Belgian law.
9.2 If and insofar as a complaint arises, the Customer will contact EKOMENU by phone, in writing, or by emailing klantenservice@ekomenu.com. These contact details can be found at the bottom of these General Terms and Conditions. EKOMENU will respond to a complaint as referred to above within 30 (thirty) days at the latest.
Article 10 Other provisions
10.1 EKOMENU is authorised to amend these General Terms and Conditions at any time. Ongoing Agreements will be fulfilled under the new conditions after the General Terms and Conditions are amended.
10.2 If and insofar as EKOMENU has provided login credentials for the Order Procedure, the Customer is responsible for these credentials. This data is strictly personal, and may not be transferred under any circumstances. The Customer is responsible for the consequences of careless handling of this data.
Ekomenu BV
John M. Keynesplein 12-46
1066 EP Amsterdam
info@ekomenu.c