TERMS AND CONDITIONS
TERMS AND CONDITIONS OF SALE – BAMBINO-CANTEEN.COM
ARTICLE 1 – SCOPE AND OBJECT
The present general conditions of distance selling (hereinafter referred to as “GCS“) govern the contractual relationship between, on the one hand, the restaurants of the BAMBINO network, represented for the purposes hereof by JAQAL srl, located at avenue arnaud fraiteur 15-23, 1050 Ixelles, BE0696.797. 817 (hereinafter referred to as “BAMBINO“) and, on the other hand, each client (hereinafter referred to as the “Client(s)“) placing an order by telephone or via the website at https://www.bambino-canteen.com which is also accessible via the applications for mobile phones and tablets developed by BAMBINO (hereinafter referred to as the “Site/Appli“).
By placing an order with BAMBINO, the Client accepts these Terms and Conditions without reservation, to the exclusion of any other condition, unless BAMBINO has given its prior written consent. The Terms and Conditions are available on the Site/Appli.
BAMBINO reserves the right to adapt or modify these Terms and Conditions at any time without prior notice. These modifications are applicable and opposable to the Client from the moment they are put online on the Site/Appli and apply to all subsequent orders. The version of the GTC applicable at the time the order is placed is available on the Site/Appli.
ARTICLE 2 – BAMBINO RESTAURANTS AND DELIVERY ZONES
The Customer ordering by telephone or via the Site/Appli is invited to choose between a delivery or takeaway order, it being specified that :
– not all the territory is currently served by BAMBINO for delivery, the Site/Appli indicating to the Customer if the delivery address given (thanks to the postcode requested) is not eligible for delivery;
– the Client must provide valid delivery details for the national territory in order to receive confirmation of the possibility of delivery by BAMBINO (no international delivery accepted) and the location of the restaurant which will be responsible for delivering the order (the restaurant in charge of the order to be delivered or taken away is hereafter referred to as the “Restaurant“).
ARTICLE 3 – ORDERING
3.1 Creation of a Customer Account and loyalty programme
a) Registration on the Site/Appli
Ordering via the Site/Appli requires prior registration with a view to creating a BAMBINO client account (hereafter referred to as the “Client Account“). To this end, the Client fills in the registration form available directly on the Site/Appli, chooses an identifier associated with a valid email address and a password. The Client undertakes to keep this information strictly confidential and not to communicate it to third parties, in order to avoid as far as possible any risk of intrusion into their Client Account. BAMBINO cannot be held responsible for any unauthorised use of the Client Account by a third party who has gained access to the Client ID and password, through no fault of BAMBINO, and in particular if the Client ID and password have been communicated to a third party by the Client or as a result of the Client’s negligence.
Once registration has been completed, a summary e-mail will be sent to the Client at the e-mail address provided.
The delivery address given must be as precise as possible (number of the building, floor, digicode, etc.) in order to allow delivery under the best possible conditions. BAMBINO cannot be held responsible if delivery is impossible due to incorrect or incomplete information.
b) Loyalty programme
BAMBINO offers a loyalty programme to its customers, details of which are available on the website/appli. The BAMBINO loyalty programme may be modified and clients will be informed in due course by email or by means of a specific insert on the Site/Appli.
3.2 Connection to the Site/Appli and access to the Client Account
For each order placed via the Site/Appli, Customers are invited to identify themselves using their Customer Account (by clicking on the “Login” or “Order” links). If the Customer Account password is lost or forgotten, the Customer may reset the password and choose a new one by clicking on the “Forgot your password?” link and entering the e-mail address given in the Customer Account.
3.3 Online ordering process
I) Choice of Restaurant, “delivery” or “takeaway” mode
(1) The Customer chooses between the methods of making the order available by clicking on the “Delivery” or “Takeaway” tabs on the Site/Appli.
(2) For delivery, the Customer is invited to enter their postcode to check that they are in the delivery zone of one of the BAMBINO restaurants. When several restaurants cover the delivery zone, the Client is invited to choose the Restaurant to which he/she wishes to deliver.
(3) In the case of take-away sales, the Client chooses the Restaurant from the list of BAMBINO restaurants.
(4) Once the Restaurant has been chosen, the Customer indicates when they wish to receive their order “Tomorrow” or “Another day” and in the last two cases, the Customer enters the time slot in which they wish to be delivered as well as the day concerned.
(5) The Customer is then automatically directed to a window showing the BAMBINO products available for order (hereafter referred to as the “Products“).
(6) The Customer chooses the Product or Products that they wish to order and confirms by clicking on the icon “Add to my basket”.
(7) A minimum order value may be imposed for delivery, in which case the Customer is informed of this before the order is paid for. There is no minimum order value for takeaway sales.
(8) Via the “basket” tab, which is always accessible on the Site/Appli, the Customer will find a summary of the Products chosen, their quantity and the total amount of the order, as well as the Restaurant’s contact details and, where applicable, the delivery slot/date.
(9) Customers who have not yet logged into their Customer Account must do so in order to finalise their order.
II) Validation of the online order
(10) Once the basket has been validated, the Customer is automatically directed to a window indicating the delivery address entered during registration. They then have the option of modifying it, adding to it or creating a new address. They can also enter a billing address if it is different from the delivery address, and must enter their telephone number. Finally, they are asked to confirm all this information.
(11) The Customer also has the option of adding a voucher/discount code and entering additional information.
(12) The Customer then indicates the method of payment: “On receipt” or “By credit card”. If “On receipt” is selected, the Customer has the option of paying by cash, cheque or luncheon voucher.
(13) The Customer must confirm that they accept these GTC by clicking on the corresponding box after reading them, and may then confirm their order by clicking on the “Confirm my order” tab.
(14) If the Customer has chosen the option of paying by credit card, they will be redirected to a secure site administered by a secure internet payment service company, which accepts Visa and Mastercard payments. They must then enter their card number, expiry date and card verification code.
(15) Finally, the Customer receives an email confirming their order at the email address indicated in their customer area.
The order for Products is only definitively confirmed and binding on BAMBINO on receipt of this email by the Client. The Client is therefore invited to ensure that it has been received and to contact customer service by telephone in the event of any difficulty (see article 11 below).
3.4 Unavailability of Products
The Products presented on the BAMBINO menu are subject to stock availability in the Restaurant.
If stocks are exhausted, the Restaurant will inform the Client by telephone on the number indicated by the Client when registering online or when ordering by telephone and will offer the Client the option of choosing another Product or deducting the price of the unavailable Product from the invoice and proceeding to reimburse the missing Product. With the Customer’s agreement, this reduction may also take the form of a credit note to be used on a future order.
ARTICLE 4 – DELIVERY AND RESTAURANT COLLECTION
The order will be delivered to the delivery address indicated by the Customer when placing the order.
All deliveries are made within the approximate times indicated when the order is placed on the Site/Appli. delivery of the Products according to the agreed delivery time and place.
Exceeding the delivery time may not give rise to compensation.
If the Client is not present to take delivery of the Products ordered at the address indicated at the time of the order, the Products will be collected and BAMBINO will not reimburse the price of the order and will invoice the Client for the full amount.
If the Client chooses to collect the order from a restaurant, the order will only be available in the restaurant chosen by the Client when placing the order and at the time indicated when the order was placed. In the event of a delay in availability, the restaurant will contact the Customer by telephone.
ARTICLE 5 – RIGHT OF REVOCATION
The Client has no right of revocation and cannot go back on his/her order once it has been registered by BAMBINO.
ARTICLE 6 – PRICES
The applicable prices are those in force at the time of the Client’s order, as displayed on the Site/Appli.
The prices displayed on the general part of the Site/Appli and in the catalogues are maximum prices. They may vary from one BAMBINO shop to another. The Client will be informed of the exact prices to be paid before paying for the order.
They are expressed in euros and include all taxes. They take into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the prices of the Products.
ARTICLE 7 – PAYMENT
Orders are payable either by credit card directly on the Site/Appli at the time of ordering or at the time of collection from the Restaurant.
Orders must be paid for in full. It is not possible to deduct any discounts or vouchers that the Customer did not mention when placing the order. Compensation is only possible in the case of a credit note approved by BAMBINO and registered on the Client’s account at the date of payment.
BAMBINO will not be obliged to deliver the Products ordered by the Client if the Client does not pay the full amount of the order.
If the Client is a professional, in the event of late payment, interest will be charged at a rate equal to three times the legal interest rate until the date of final payment. In addition, BAMBINO will be entitled to a fixed indemnity for collection costs of 50 euros. The late payment penalties and this fixed amount are payable automatically without the need for a reminder.
ARTICLE 8 – GUARANTEES
BAMBINO undertakes to ensure that the Products delivered conform to the order recorded.
In the event of a missing Product, the Client must inform BAMBINO at the time of delivery or collection from the restaurant, failing which no complaint will be accepted.
In the event of a non-conforming Product, the Client must inform BAMBINO within a reasonable period of time and at the latest within 24 hours of delivery or collection from the restaurant and may request the replacement of the Products or the reimbursement of their price.
Unless otherwise stipulated in these GTC, the legal provisions relating to the guarantee due on account of defects in the goods apply and are reproduced in part below:
Article 197 of the Swiss Code of Obligations
1 The seller is obliged to warrant the buyer both in respect of the promised qualities and in respect of defects which, in material or legal terms, deprive the goods of their value or their intended use, or which significantly diminish them.
2 He is liable for such defects even if he was unaware of them.
Article 200 of the Swiss Code of Obligations
1 The seller is not liable for defects of which the buyer was aware at the time of sale.
2 The seller is only liable for defects which the buyer should have noticed himself by examining the goods with sufficient care, if the seller has assured the buyer that they do not exist.
Article 201 of the Code of Obligations
1 The buyer is obliged to inspect the condition of the goods received as soon as he is able to do so in the normal course of business; if he discovers any defects for which the seller is liable, he must notify the seller without delay.2 If he fails to do so, the goods are deemed to have been accepted, unless the defects were not discoverable by the buyer through the usual inspections.
3 If defects of this kind come to light at a later date, they must be reported immediately; otherwise, the item is deemed to have been accepted, even with these defects.
Article 206 of the Swiss Code of Obligations
1 Where the sale is of a specific quantity of fungible goods, the buyer has the option of either rescinding the contract or reducing the price, or demanding other acceptable goods of the same type.
2 The seller may also, if the goods are not dispatched from another place, release himself from any subsequent claim by the buyer by immediately delivering to him acceptable goods of the same type, and by compensating him for any damage suffered.
ARTICLE 9 – LIABILITY
BAMBINO cannot be held responsible for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion, the presence of computer viruses, fraudulent use of a bank card, etc.
ARTICLE 10 – CONFIDENTIALITY – PERSONAL DATA
BAMBINO uses all reasonable means to ensure the confidentiality and security of data transmitted on the web.
The conditions for the processing of the Client’s personal data, entered and recorded at the time of the order, are specified in the Legal Notice and General Conditions of Use (CGU) of the Site/Appli which have contractual value and can be consulted at the following link: https://www.bambino-canteen.com.
All elements of the Site/Application, whether visual or audio, including the underlying technology, are protected by intellectual property rights and the Client acknowledges that these rights are the exclusive property of BAMBINO or its suppliers.
Article 11 – AFTER SALE SERVICE
For any questions relating to the execution of the contract, the Client can contact BAMBINO’s customer service department available by email: info@bambino-canteen.com
ARTICLE 12 – APPLICABLE LAW AND DISPUTE RESOLUTION
The present GTC are governed by Belgian law.
All disputes to which the present general conditions of sale may give rise, concerning their validity, interpretation, execution, consequences and consequences, will be submitted to the competent courts. In the event of a dispute with Clients who are not consumers, the Commercial Court of Brussels will have exclusive jurisdiction.