General conditions of sale and delivery TableFever
TableFever B.V.B.A.
Kortrijksesteenweg 1033
9051 Sint-Denijs-Westrem
BTW nr. BE 0559.892.314
TEL +32 485 83 99 07
General
TableFever b.v.b.a. with registered office at Kortrijksesteenweg 1033, 9051
Sint-Denijs-Westrem, VAT n° BE 0559.892.314, wishes to offer via the internet a platform to book tables at affiliated restaurants and brasseries in an easy way. To this end, a website has been developed by TableFever b.v.b.a.: www.tablefever.com through which interested parties can book a table with all affiliated restaurateurs, hereinafter also referred to as 'the customer' or 'the customers'.
By ‘the customer’ is meant the person who books a table with the client through the online application.
TableFever b.v.b.a. also offers the consumer the possibility to purchase online gift vouchers for amounts of their choice redeemable at an affiliated restaurant of their choice or a restaurant chosen by the donor
of the gift voucher.
These gift certificates must be redeemed within the year. They have a validity period of one year after purchase. However, one can renew them online at an additional cost.
Privacy conditions
1. In order to book an available place at a restaurant or to give a gift certificate as referred to above, TableFever needs to collect the identity data of the consumer/customer: the name, first name, address, house number, zip code, city, telephone or GSM number and email address.
These data will only be used by TableFever b.v.b.a.
to enable the operation of the web application as without these
data no valid reservation or purchase is possible.
TableFever and the customer attach great importance to the protection of
privacy and the personal data of the customers and/or consumers.
TableFever b.v.b.a. and the restaurants will use or employ this data only in accordance with the Law of 8 December 1992 on the protection of privacy and the other relevant fingering legal regulations.
2. Met toestemming van de consument en/of klant kunnen de persoonsgegevens wel gebruikt worden om de klant en of consument te voorzien van informatieve nieuwsberichten over de werking van TableFever, nieuwe producten of diensten van TableFever en/of de restaurants. Met toestemming van de klant/consument kunnen de persoonsgegevens worden overgemaakt aan derden of aan de aangesloten restaurateurs alsook aan de restaurants voor het versturen van nieuwsbrieven of berichten van promotionele aard. TableFever b.v.b.a. en de aangesloten restaurants hebben alle mogelijke juridische en technische voorzorgen genomen om ongeoorloofde toegang en gebruik van de persoonsgegevens te vermijden.
The customer/consumer always has a legal right to complete, correct or
delete all or part of the personal data. Should this be required, the affiliated
restaurateur undertakes to comply with the request of the customer/consumer within five working days.
3. When a consumer visits the customer's website, more certain the visit page belonging to TableFever b.v.b.a., some data are collected for statistical purposes. These data are the anonymized IP address (anonymized via Google
Analytics IP Anonymizing), the likely place of consultation, hour and day of the consultation and which pages were delivered.
When visiting the TableFever bvba website, the consumer will consent to this data collection intended for statistical purposes as described above. TableFever b.v.b.a. reserves the right to block any individual on its website
and/or web application if it considers that the code of conduct has been violated.
4. All data provided, images, passwords, log-ins, are exclusive property of TableFever b.v.b.a. At no time can be claimed for any compensation of any kind should it turn out that, for example, when purchasing gift vouchers,
data would be lost. Once a payment has been made for the purchase of gift vouchers, no claim can be made by the customer/consumer for any form of compensation and/or refund of the deposited funds.
Jong Keukengeweld
TableFever b.v.b.a, Horeca Vlaanderen and the affiliated restaurants have taken all possible organizational and technical measures against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access of your personal data. They have made the necessary contractual agreements with the third parties with whom they work and do not pass on your personal data outside the European Economic Area without the guarantee that your data also enjoy an equivalent level of protection there.
The customer/consumer always has a legal right to: (i) withdraw their consent; (ii) request an erasure of their personal data; (ii) request the restriction of the processing of the personal data; (iii) request an objection to the processing of the personal data; (IV) lodge a complaint if you consider that we are not acting in accordance with the applicable legislation on
data protection. You may also file a complaint with the Belgian Data Protection Authority with address at Rue du Printing Press 35, 1000 Brussels, telephone: +32 (0)2 274 48 00 and e-mail address: contact@apd-gba.be.
Gift vouchers
A. Provisions for the consumer/user of the gift voucher.
1. The gift voucher entitles the customer to the arrangement mentioned
on the gift voucher, on the understanding that the content of the arrangement can differ per affiliated restaurant. After all, the customer decides which service/dishes/menu formulas are offered at which price.
2. The gift voucher can be redeemed within one year of purchase on the day and time of choice at any of the affiliated restaurants than or at the affiliated restaurant of choice. Under no circumstances and under no circumstances can the consumer exchange the purchased gift voucher for cash at TableFever b.v.b.a.
3. The prices stated on the gift check are expressed in Euros and
entitle you only to the package stated on it. No VAT applies to
the check.
4. The gift certificate can be returned to by the person who purchased it up to 14 days after purchase. Once a choice has been made on the gift voucher for a certain affiliated restaurant, it cannot be changed, except for the case mentioned above.
5. The consumer must keep the gift certificate carefully. In no case can TableFever b.v.b.a. be obliged to make a duplicate of the purchased gift voucher.
Nor will TableFever b.v.b.a. be obliged to deliver a new gift certificate to the consumer, nor to reimburse the cost of a lost/stolen/damaged or unauthorized used gift certificate in any form whatsoever. In other words : the gift certificate is downloadable once without any exception. Expired vouchers cannot be refunded to the consumer/user. Also when a restaurant fails or no longer cooperates with - , TableFever cannot be held responsible
for issuing a new gift certificate for that same restaurant or any other restaurant. If a voucher expires it can be renewed up to 6 months after the cancellation date via the website of tablefever: https://www.tablefever.com/mij...
- if the period can not be respected there is no possibility of renewal
6. In case of force majeure, TableFever has the right, at its own choice, to cancel the purchase of the gift certificate or to suspend the execution/exchange of the gift certificate, all this without payment of any compensation.
TableFever b.v.b.a. reserves all rights for this.
In case of deception, fraud, forgery, fraud or other acts performed in bad faith or a suspicion of one of the aforementioned acts, TableFever b.v.b.a. has the right to cancel the purchase of the gift certificate or to suspend the execution of the gift certificate on, without payment of any compensation.
TableFever b.v.b.a. reserves all rights.
7. Any infringement will result in total exclusion from the www.tablefever.com
website in its entirety. Any violation of the penal code will be immediately reported by TableFever b.v.b.a. to the competent authorities.
B: Provisions for the consumer regarding the purchase of tickets
In some cases the consumer has to purchase a ticket to confirm her reservation in a restaurant. TableFever will hereby act on behalf of and account for the restaurant owner. Under no circumstances will tickets be refunded in cash - however they can be rescheduled to a later date in consultation with the restaurant owner.
Final Provisions - Exoneration
TableFever b.v.b.a. makes all reasonable efforts to provide accurate and current information on the website www.tablefever.com and on the gift certificate issue. All information shown on the website is subject to express reservation of printing or other errors.
TableFever b.v.b.a. can not be held liable for any form of damage resulting from inaccuracies or incompleteness in the offered information on the gift certificate and / or on the website www.tablefever.com.
TableFever b.v.b.a. makes every effort to keep the web application online and can not be held responsible for possible technical failures due to the internet or the internet provider.
TableFever b.v.b.a. exonerates itself for any damage resulting from the use of data, advice or ideas provided by or on behalf of TableFever b.v.b.a. through the tablefever.com website.
The website of TableFever b.v.b.a. (www.tablefever.com) may contain hyperlinks and references to other websites. Such hyperlinks and references are included for informational purposes only for consumers and customers. TableFever assumes no responsibility and cannot be held liable and liable for any damages of any kind arising from the content of the website that may be accessed or referenced through a hyperlink.
Provisions for B2B
AGREEMENT BETWEEN
BVBA TABLEFEVER, with registered office at 9051 Sint-Denijs-Westrem, Kortrijksesteenweg 1033, KBO nr. 0559.892.314
Hereinafter referred to as “Tablefever”
AND
Name:
Address:
VAT nummer:
IBAN :
Hereinafter referred to as “the customer”
WHAT TO AGREE WITH:
Art. 1 Object of the agreement: possible modules
Reservation Module: Each customer is introduced on the website, if desired with reference to the customer's own website and the possibility is created to book a table online and/or, if the customer subscribes to the Gift Voucher Module, to purchase a gift voucher. Ranking on Tablefever's website is based on distance.
Gift Voucher Module: With this module, Tablefever offers and by choosing it, the customer authorizes Tablefever to sell gift certificates redeemable at the customer's restaurant at the value stated on the gift certificate excluding VAT. and provided package.
Website module: With this option, the customer chooses to have a website for their restaurant built by Tablefever. The customer becomes and remains at all times the owner of the website created for him, except for the photos taken by Tablefever which always remain the property of Tablefever.
Ticket module: If the customer opts for this module, the reservation made by the consumer is accompanied by the sale by Tablefever of a “ticket” that counts as an advance payment of the price owed by the consumer to the customer for consumption on the date and time of booking, or as fixed compensation in case of no show. The customer undertakes to accept the tickets sold at his restaurant for their equivalent value as payment by the consumer.
Mail campaigns: Tablefever will send out customized monthly newsletters - updates - campaign emails to the client's clientele.
Module Google: The customer chooses to create a direct link to their reservation system on the google.be website.
Art. 2 Fees - payment terms
Reservation module
Unless expressly waived, the customer owes a one-time set-up fee of .... EUR excluding VAT. For the use of the Reservation module, a monthly fee of 99 EUR excl. VAT is payable to Tablefever.
Gift Voucher Module
The customer pays a flat fee per valid voucher that is validated. In addition, the customer owes a percentage fee per redeemed “general voucher” (= a voucher redeemable in all restaurants affiliated with Tablefever) and per “own voucher” (= a voucher in the name of the customer's restaurant). Tablefever is entitled, according to the value of the voucher, to charge the consumer an additional cost when selling the gift voucher. “Own vouchers” are paid out weekly, within seven business days.
Website module
If Tablefever is commissioned with the development for the customer of a website, a fixed price will be agreed for it, of which ..... excl. VAT to be paid by the customer within 14 days of signing this agreement and the balance in equal monthly / quarterly payments over the normal course of the contract for 48 months / 16 quarters.
Ticket formula
As far as the Ticket module is concerned, Tablefever undertakes to pay the amount of the Ticket to the customer, within a week of the sale of a Ticket, less the compensation due to Tablefever as stipulated in article 3.
Module Google
The price for this module is 120 Euros per year.
Art. 3. Order
By signing this agreement, the customer orders the following modules and the parties commit, with respect to these modules, to all the provisions of this agreement and its general terms and conditions (all prices excl. VAT):
Reservation Module: YES / NO
Gift voucher module: YES / NO Price per voucher: Euro + General voucher: % + Own voucher: %
Website module: YES / NO EUR: ... EUR advance - 195 EUR MONTH
Tickets module: YES / NO fee: %
Mail campaign: YES / NO
Google Module YES / NO
Billing: per month
Art. 4 Duration
This agreement, including all modules endorsed above and attached privacy terms, is entered into for a fixed term of 48 months. The start-up date may differ from the date of signature. Therefore, the startup date (date of first monthly invoice) is considered the contract start date. A fixed-term contract cannot be terminated prematurely, except by virtue of the dissolution for breach of contract provided by law. Tablefever will consider the non-payment of two invoices as a serious breach of contract. After 48 months, this agreement is tacitly renewed for the same period under the same conditions, unless one of the parties cancels in advance by registered letter three months before the end of the current period.
Art 5 Payments and compensation
Tablefever's invoices are payable on their due date. The customer expressly agrees to the domiciliation of these invoices and mandates this by signing this agreement. In case of non-payment, Tablefever will be liable, ipso jure and without notice, to pay conventional interest from the due date of 10% and a fixed compensation of 10% on the unpaid amount.
Compensation between mutually outstanding debts shall be effected by operation of law, without prior notice of default.
Art. 6 Early termination and cancellation
Reservation Module: In case of early termination of the contract by or on account of the customer for whatever reason, the full compensation calculated up to the end of the contract period is due.
In case of cancellation within 5 calendar days of signing the contract, a flat rate compensation of 35% of the agreed contract price is due. In case of cancellation within 15 calendar days after signing, in addition to this compensation, the start-up fee is due.
Website Module: In the event of premature termination of the contract by or on behalf of the customer for any reason whatsoever, the permitted installment periods for the Website Module shall expire and the amount still owed shall become due in full. In case of cancellation of the Website module, a flat and non-reducible compensation of 35% of the price is due.
Gift voucher and ticket module
In addition, in the event of premature termination of these modules, the customer shall owe liquidated damages equal to 10% of the turnover of the customer's activity on tickets and gift vouchers during the six months preceding the termination of the agreement, multiplied by the number of months until the expiration date of the agreement. If the agreement has not yet been in force for six months, it will be calculated on the average of the previous months.
Art. 7 Various
TableFever can not be held liable for any damages resulting from inaccuracies or omissions in the information offered on the gift certificate and / or on the website www.tablefever.com, nor because of technical failure or going offline of the website.
Belgian law applies to this agreement. Only the courts of the Ghent branch of the Enterprise Court Ghent are competent to judge any disputes.
Data provided by the customer are considered intellectual property of the customer and will only be used by Tablefever in execution of this agreement.
Written in two copies, of which each party declares to have received one original.
For Tablefever,
For the Customer,
GENERAL PRIVACY TERMS AND CONDITIONS
1. TableFever is committed to protecting the privacy and personal data of its customers.
TableFever will only use or employ the personal data of its customers in accordance with the EU Regulation of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (“GDPR”) and the other relevant applicable legal requirements.
2. Bij de aanbieding en uitvoering van haar diensten treedt TableFever op als verwerkingsverantwoordelijke.
2.a. Om een klant-restaurateur te kunnen opnemen in het online aanbod 'tafel zoeken', teneinde een profiel van de klant te kunnen aanmaken en op te nemen in de werking van de website, enerzijds, en m.o.o. klantenbeheer en facturatiedoeleinden, anderzijds, verwerkt TableFever volgende persoonsgegevens van haar klanten: (bedrijfs)naam en voornaam, adres, huisnummer, postcode, plaats, telefoon- en/of gsm-nummer, ondernemingsnummer, website, domeinnaam en rekeningnummer.
2.b. In order to book an available place at a restaurant, to give a gift certificate as referred to above or to purchase a ticket to confirm a reservation at a restaurant, TableFever processes the following personal data of its consumers: surname, first name, date of birth, telephone and/or cell phone number, email address, allergens, payment details, username, name and first name of any invitees.
The above data will be used by TableFever to enable the operation of the web application.
The above data will be used by TableFever to enable the operation of the web application.
The processing of this data is necessary for the execution of the agreement to which the customer or consumer is a party.
3. With the consent of the consumer resp. the customer, the personal data may be used to provide the consumer resp. the customer with informative news releases about the operation of TableFever, new TableFever products or services and/or the restaurants.
With the consent of the consumer resp. customer, the personal data may be transferred to third parties for sending newsletters or messages of a promotional nature.
TableFever cannot be held liable for any losses or leaks of personal data to third parties or its affiliated restaurant owners.
The customer and the consumer have the right to withdraw the aforementioned consent at any time.
4. The customer and consumer have the right to request TableFever to access and rectify or erase their personal data or restrict the processing concerning them. Also, the customer and consumer have the right to object to the processing and have the right to data portability. These requests can be sent to info@TableFever.com and will be processed as soon as possible, unless this is impossible due to, for example, legal obligations or legal proceedings. The customer and the consumer have the possibility to lodge a complaint regarding the processing of personal data with the supervisory authority for the processing of personal data, with address at 1000 Brussels, Rue du Printing Press 35.
5. During a visit by a consumer to the customer's website, specifically the visit page belonging to TableFever, the following data will be collected for statistical purposes: the anonymized IP address (anonymized via Google Analytics IP Anonymizing), the likely place of consultation, hour and day of the consultation and which pages were visited. When visiting the TableFever website, the consumer will consent to this data collection intended for statistical purposes as described above. TableFever reserves the right to block any individual on its website and/or web application if it believes that the code of conduct has been violated.
6. TableFever has taken appropriate technical and organizational measures to ensure that the processing of personal data is carried out in accordance with the applicable privacy regulations. TableFever ensures appropriate security of personal data and protects it against unauthorized or unlawful processing and against accidental loss, destruction or damage. At no time may any claim for compensation of any kind be made should it be found that a data breach has occurred. TableFever will take all reasonable measures to delete or correct inaccurate personal data without delay.
7. The personal data of customers and/or consumers collected by TableFever will be kept by it for the duration of the agreement to which the customer and/or consumer is a party, for the consumer until 10 years after the last order, and for the customer-restaurant until 10 years after the end of the agreement. In the event that the consumer and/or customer has given TableFever permission to use personal data to obtain news releases of an informational or promotional nature, such data will be maintained until such time as the customer and/or consumer has withdrawn its consent.