Didiyo General terms and Conditions

Didiyo General terms and Conditions

We advise you to read these Terms and Conditions carefully so that you know your rights and obligations under the agreement between you and Didiyo. You are referred to in these Terms and Conditions as the Client.

Article 1.          Definitions

  1. In these General Terms and Conditions, the following capitalised terms shall have the following meanings:
  • Agreement: the agreement between Customer and Didiyo concluded through the Platform pursuant to which Customer purchases Products from Supplier.
  • Customer: the natural person who places an order on the Platform.
  • Didiyo: the private company Real Apps B.V., d.b.a. Didiyo, having its registered office and principal place of business at 5651 GK Eindhoven at Mispelhoefstraat 21a, e-mail klantenservice@didiyo.com
  • General Terms and Conditions: these general terms and conditions of Didiyo
  • Login Data: the combination of the Customer’s username and password for placing an order on the Platform.
  • Platform: The Didiyo application and other Didiyo tools on which the Service is made available.
  • Privacy Statement
  • Didiyo’s privacy statement, which can be found on the Platform.
  • Product: a product (food, prepared products, drinks and other consumer products) offered by the Supplier via the Platform.
  • Product Range: the range of Products offered by an individual Supplier via the Platform.
  • Service: the services and activities offered by Didiyo which consist of (a) publishing the Product Range; (b) facilitating the formation of Agreements between Supplier and Customer and (c) forwarding orders to the relevant Supplier.

 

  • Supplier: an independent company affiliated to Didiyo which sells Products and uses the Platform for the conclusion and payment of Agreements.

Article 2. Applicability

  1. The General Terms and Conditions apply to the Service offered via the Platform.
  2. Didiyo may change and/or supplement these Terms and Conditions at any time. Modifications do not apply to agreements already entered into. The most up-to-date General Terms and Conditions can be found on the Platform. If the Client does not agree with the changed and/or updated General Terms and Conditions, the Client cannot order the Product anymore.

Article 3. Offer and conclusion of Agreement

  1. An offer on the Platform is always without obligation and may be revoked by Didiyo without delay after an order has been placed.
  2. Didiyo is not bound by obvious errors and administrative mistakes in the Assortment.
  3. Didiyo publishes the Product Range on the Platform on behalf of the Suppliers, based on the Product information provided by the Suppliers. The Supplier may use ingredients and additives in food products, which may cause allergies and intolerances. If a Customer is allergic to certain foods, it is the Customer’s responsibility to contact the Supplier by telephone for current allergy information before the order is placed.
  4. The Agreement is concluded by going through the ordering process which includes the acceptance of the General Terms and Conditions, followed by clicking on the {ORDER} button. Didiyo then confirms the order to the Client electronically.

 

  1. Alcoholic beverages cannot be ordered via the Platform.

 

 

Article 4. Use and availability of the Platform

  1. Didiyo does not guarantee (a) that information on the Platform will always be accurate, current or complete and (b) that the Platform will always be accessible.
  2. During the ordering process, the Client has to provide login details. When the Client provides login details, the Client warrants to Didiyo that the information he provides when creating his login details is correct, complete and up to date.
  3. The Customer guarantees the correctness and completeness of the contact and address data. The Customer is responsible and liable for all use made of his Login data.
  4. As soon as the Client knows or has reason to suspect that login details have fallen into the hands of unauthorized persons, the Client must inform Didiyo, without prejudice to his own obligation to immediately take effective measures himself, such as changing the login details.
  5. Didiyo reserves the right to change the login procedure and/or the Client’s login details if it considers it necessary in the interest of the functioning of the Platform.

Article 5. Price and Payment

  1. The stated price of the Product is valid at the time it is displayed on the Platform.
  2. VAT is included in the total price stated. Any additional costs, such as shipping and payment costs, will be mentioned on the Platform.
  3. The Platform lists the payment methods.
  4. If the Client fails to pay on time or Didiyo is unable to collect the amount due by the means of payment chosen by the Client before the end of the payment period, the Client will be in default, regardless of whether Didiyo sends a further reminder.
  5. The Supplier has authorized Didiyo to receive the Customer’s online payment on behalf of the Supplier.

Article 6. Delivery

  1. For the purposes of information on the status of his Order, the Customer must be available to the Supplier by telephone or by email (as indicated at the time of placing the Order) after placing the Order. The Customer must be present at the chosen time to receive the ordered Products.
  2. Delivery periods stated on the Platform and/or in the ordering process are indicative and do not constitute a deadline.

Article 7. Privacy

  1. When visiting the Platform, placing an order and providing login information, (personal) data are provided to Didiyo. This (personal) data will be processed according to Didiyo’s Privacy Statement [hyperlink] and applicable laws and regulations.

Article 8. Cancellation; cooling-off period for non-perishable goods

  1. Cancellation of an order by the Customer is only possible if (a) the Supplier offers this possibility and (b) the cancellation reaches the Supplier at least six hours before the agreed delivery time.
  2. For non-perishable Products only (at the discretion of the Supplier), the Client has the right to cancel the Agreement during 14 days after receiving the Product, without giving any reason, unless one of the other exceptions in article 6:230p of the Dutch Civil Code applies. The Customer may only exercise this right by returning the model rescission form as provided by Didiyo by e-mail together with the Product to be returned or by returning it in person to the Supplier. The costs of the return shipment are at the Customer’s expense.
  3. In the event of dissolution of the Agreement as referred to in paragraph 3, the Customer is obliged to return the delivered Product that the Customer does not want as soon as possible, but no later than within 14 days after the day of delivery.
  4. In the event of termination, the Supplier shall refund the price already paid by the Customer under the Agreement for the returned Product within 14 days of receipt of the model form.
  5. In case of reasonable doubt about the correctness or authenticity of the order or contact details, Didiyo has the right to refuse orders and cancel Agreements on behalf of the Supplier. Fraudulent orders will be reported to the police.

Article 9.       Complaints procedure

  1. Complaints about the Products or the performance of the Agreement must be reported to the Supplier within two weeks of receipt of the Products.
  2. Complaints about the Service should be addressed to Didiyo within two weeks after payment via the contact form or by mail. Didiyo will strive to handle the complaint within three weeks.
  3. The European Commission operates an Alternative Dispute Resolution platform. This platform can be found at http://ec.europa.eu/odr. Didiyo explicitly excludes the use of Alternative Dispute Resolution as referred to in Directive 2013/11/EU. Didiyo’s email address is klantenservice@didiyo.com

Article 10.     Liability

  1. Didiyo assumes no responsibility or liability for (a) the content of the Product Range and (b) the Product information published on the Platform. The Supplier is responsible and liable for the quality of the Products.
  2. Didiyo is not liable for indirect or consequential damages, such as lost profits, lost sales, loss of anticipated savings and other similar financial losses. Insofar as Didiyo is liable, such liability is limited to a maximum of € 100.

Article 11.          Miscellaneous

  1. The Customer may not transfer rights and obligations arising from the Agreement to third parties.
  2. The Agreement is governed by Dutch law.

 

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