Terms & Conditions
These terms set out the terms and conditions for using our Services and any purchases you make via the Services (“Terms and Conditions“).
The Website and App are operated by VAVA HOLDING B.V. (t/a Vapiano with registered office at Laan van Westroijen 10, 4003 AZ, Tiel, NL with registration number 77894960 and VAT number: NL861189152B01) except our online ordering platform which is operated, on our behalf, by Butlaroo Services B.V. (Company number 70068143 and whose registered office is at Vonderweg 14, 5616 RM Eindhoven, NL.
If you purchase any goods or place an order through the Services then your relationship (and therefore your contract) will be with us, VAVA Holding B.V. (t/a Vapiano).
Throughout these Terms and Conditions we refer to “we”, “our” or “us” and the relevant party depends on your interaction with us as outlined above.
By using our Services, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you should stop using the Services immediately. Please check this page from time to time to take notice of any changes we make to the Terms and Conditions.
1.Definitions and Interpretation
In these Terms and Conditions, the following terms shall have the following meanings:
“Account” means a Vapiano Lovers account either through the Website or App (including the Loyalty Program);
“App” means the Vapiano Lovers mobile application;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Services;
“Goods” means any products that we advertise and/or make available for sale through the Services;
“Kiosk” means our in store QR ordering systems used to purchase Goods;
“Loyalty Program” means our rewards scheme available through the loyalty App;
“Payment Information” means any details required for the purchase of Goods from the Services. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” means our place(s) of business located at Laan van Westroijen 10, 4003 AZ, Tiel, NL;
“Services” means collectively the Website, the App, Kiosks, Loyalty Program and any online facilities, tools, services or information that we make available through these either now or in the future;
“System” means any online communications infrastructure that we make available through the Services either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Services and is not employed by us and acting in the course of their employment; and
“Website” means http://www.vapiano.nl, and any sub-domains of these sites (e.g. subdomain. werkenbijvapiano.nl; www.vapiano.com) unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Our Services are aimed at over 18s only. Persons under the age of 18 should not use or access the Services.
3. Business Customers
These Terms and Conditions do not apply to customers buying Goods in the course of business.
4. International Customers
Our Services are for NL based individuals only. Unfortunately, at this time we do not deliver Goods outside of the NL.
5. Intellectual Property
5.1 Subject to the exceptions in paragraph 6 of these Terms and Conditions, all Content included as part of the Services, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is owned by us, our affiliates or other relevant third parties. By continuing to use the Services, you acknowledge that such material is protected by applicable the Netherlands and international intellectual property and other laws.
5.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Services unless otherwise indicated on the Services or unless given express written permission to do so by us.
6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all intellectual property rights including, but not limited to, copyright and trademarks, in product images and descriptions, belong to the manufacturers or distributors of such products as may be applicable.
6.2 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Services or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Links to Other Websites
Our Services, including any promotions or advertisements, may contain links to other sites. Unless expressly stated, these sites are not under our control or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on our Services does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site http://www.vapiano.nl without prior permission. Deep linking (i.e. links to specific pages within the site) requires our express permission. To find out more please contact us by email at info@vapianorestaurants.nl
9. Use of the Services
9.1 You agree that you will not:
9.1.1 misuse the Services or use the Services for any unlawful purpose or to create any liability for or cause damage to us in anyway;
9.1.2 use the Services in any way that breaches any applicable local, national or international law or regulation;
9.1.3 use any materials on the Services or the Services themselves for any commercial purposes;
9.1.4 use the Services to harm or attempt to harm any individual;
9.1.5 attempt to gain unauthorised access to the server on which our Services are stored or any server, computer or database connected to our Services;
9.1.6 use the Services to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
9.1.7 modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
9.1.8 interfere with, damage or impair the functionality or any third party’s use of the Services;
9.1.9 circumvent or manipulate the operation or functionality of the Services or attempt to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Services;
9.1.10 breach or attempt to breach the security of the Services or identify any security vulnerabilities in it;
9.1.11 use or attempt to use robots, crawlers and similar applications or methods to collect, scrape or compile content from the Services;
9.1.12 use the Services to develop or create a similar or competitive product or service; nor
9.1.13 remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices.
9.1.14 share your password, Account details or any QR codes, benefits or coupons with any other person. It is your responsibility to keep these safe. We are not responsible for any unauthorised use of your Account, QR codes or other Loyalty Program benefits (except where this is due to our fault or negligence).
10. Uploaded Content
10.1 When uploading any Content to the Services or using the free text box when placing an order or making an enquiry or any other system on the Services you should do so in accordance with the following rules:
10.1.1 you must not use obscene or vulgar language;
10.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3 you must not submit Content that is intended to promote or incite violence;
10.1.4 it is advised that submissions are made using the English or Dutch language(s) as we may be unable to respond to enquiries submitted in any other languages;
10.1.5 the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
10.1.6 you must not impersonate other people, particularly employees and representatives of Vapiano or our affiliates;
10.1.7 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”; and
10.1.8 you must not upload any Content that infringes any intellectual property rights or is in breach of any obligation owed to a third party, or is false, inaccurate or misleading.
10.2 You acknowledge that we reserve the right to monitor any and all communications made to us or using our System.
10.3 You acknowledge that we may use, copy, distribute or disclose any Content you upload and we may retain copies of any and all communications made to us or using our System.
10.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
10.5 We will not be responsible for the content or accuracy of any materials posted by you or any other user of our Services and we have the right to remove any material or posting you make on our Services.
11. Accounts
11.1 In order to make a purchase on the Website, to use the App (including our Loyalty Program) and to use the enquiry form facilities you are required to create an Account with us which will contain certain personal details and Payment Information which may vary based upon your use (i.e. as we may not require Payment Information until you wish to make a purchase). By continuing to use the Services you represent and warrant that:
11.1.1 all information you submit is accurate and truthful;
11.1.2 you have permission to submit Payment Information where permission may be required; and
11.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
11.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact us using our online contact pages on www.vapiano.nl or at info@vapianorestaurants.nl immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that given the nature of our products, there are strict time limits on when purchases can be cancelled (see “Cancellation” section below for more information). In the event that an unauthorised purchase is made for home delivery (either using your card details or loyalty points), prior to you notifying us of the unauthorised nature of the purchase, we accept no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
12. Suspensions and Termination of your Account or access to the Services
12.1 We may suspend and/or terminate your Account or your access to the Services (including a subscription), if:
12.1.1 you breach these Terms and Conditions (or any other terms that apply to you);
12.1.2 we believe you have infringed the rights of a third party and failed to remedy this when notified to do so;
12.1.3 your Account is inactive for two (2) years. This means you have not made a purchase or accessed your Account during that two (2) year period;
12.1.4 your Account and/or use or access to the Loyalty Program, subscriptions or other Services is being used in a fraudulent, improper, unlawful or unfair way.
12.2 If we terminate or suspend your rights to access the Services / your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate or suspend your access to the Services / your Account without giving reasons where there is a risk of fraud, a security incident or a technical or legal requirement. This obligation does not prevent us from suspending or withdrawing the Services for everyone. In addition, you will no longer we able to access the Services / your Account and any Content and rewards may also be deleted.
12.3 If your Account is suspended / terminated (by you or us):
12.3.1 any current or pending purchases on your Account will not be cancelled;
12.3.2 all Benefits accrued will be void;
12.3.3 any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
13. Goods, Pricing and Availability
13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods correspond to the actual Goods, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to paragraph 15.1 for incorrect Goods.
13.2 Where appropriate, you may be required to select the required size, variety and other features of the Goods that you are purchasing.
13.3 We do not represent or warrant that such Goods will be available. Stock indications may be provided on the Services however these may not take into account sales that have taken place during your visit to the Services.
13.4 All pricing information on the Services is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
13.5 In the event that prices are changed during the period between an order being placed for Goods and us processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price and you will have the choice to cancel your order.
13.6 All prices include VAT.
14. Placing an order
14.1 With our different channels you may order Goods from us by:
14.1.1 ordering on the Website for home delivery including www.vapiano-takeway.nl (i.e. not using one of delivery partners like Uber Eats) or
14.1.2 ordering Goods for collection in-store.
For all purchases, your order constitutes a contractual offer and our acceptance of that offer is deemed to occur when we send an email accepting your order. An order acknowledgment is not acceptance of your order.
18. Loyalty Program
18.1 We want to give thanks and rewards to our loyal customers. Our Loyalty Program allows customers to accrue rewards each time you make a purchase from a participating store as well as other features, including:
18.1.1 Participating in exclusive offers for our Loyalty Program members;
18.1.2 Earn points on qualifying purchases to redeem against future purchases.
See below for further details on each of these features.
18.2 To participate in our Loyalty Program, you must have a valid Account, be located in NL and be over the age of 18. The Loyalty Program is available via our App – therefore you will also need a compatible device and internet connection.
18.3 We reserve the right to make amendments to the Loyalty Program (including the Benefits made available) at any time.
18.3.1 Point Accumulation Plans: Our loyalty plan allows you to earn points for each purchase you make in one of our stores or online. You can see your current point total in the App. These points are then redeemable for certain vouchers in the App (known as “Rewards”). To redeem a Reward, you must scan the QR code at any participating stores, or where the rewards can be claimed online via the app, or directly at the Kiosk/QR ordering on the table. Any points and rewards are issued free of charge, have no cash value and cannot be redeemed for cash or refunded. Each reward will have an expiry date. If you fail to redeem the reward by the expiration date, the reward will automatically expire.
18.3.2 Exclusive deals: On the App we may also issue coupons or deals from time to time. To use the coupon or deal, you need to key in, scan and/or read at checkout/payment page or by the cashier in the in store the coupon or deal code. Only one coupon/code may be used for each transaction, unless stated otherwise on the coupon. Each coupon/code can be used only within the valid dates thereon. Expired coupons/code will not be accepted. Coupons/code may be subject to certain limitations and/or preconditions as indicated thereon. Fraudulent or counterfeit coupons (as determined by us) will not be accepted. Coupons cannot be exchanged for cash or gift cards. We reserves the right to honour, limit the use of or revoke any coupon. We may decide in its sole discretion not to honour coupons which it does not recognize or have allegedly already been used. Coupons not honoured shall be deemed invalid.
18.4 Benefits and coupons will also automatically expire if you remove the App from your device, we decide to terminate the Loyalty Program (in whole or part), or our agreement with the Loyalty Program provider terminates for any reason.
18.5 Your Benefits and coupons are personal to you and may not be sold, transferred, assigned to or share with anyone else.
18.6 When you redeem a Benefit or coupons, we will automatically redeem and deduct that Benefit or coupon from your Account. If you have two of the same Benefit or coupon, we will automatically choose the Benefit or coupon which is due to expire first.
18.7 Our service providers will not be responsible for any Benefits or coupons not honoured by us for any reason or any disagreement or dispute in regard of such card.
19. Promotion and Discount
- During certain times, we may run promotions across our sites through third parties or by other forms of communication.
- Promotional Codes are only valid for a limited period of time as specified in the communication to you and cannot be used outside of that time period.
- Promotional Codes can only be used by you and are non-transferrable to another person.
- Improper use of the Promotional Codes by you, including but not limited to its publication or sales by you, in prohibited and it shall constitute a violation of these Promotional Code Terms and Conditions and entitles Vapiano to prevent you from using or benefitting from any Promotional Codes.
- Vapiano reserves the right to withdraw, amend or extend Promotional Codes at any time, on reasonable notice to you.
20. Privacy
As part of your use and access to the Services, we use your personal data as set out in our Privacy Notice. To view the Privacy Notice, please see www.vapiano.nl
22. Disclaimers
22.1 We make no warranty or representation that the Services will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
22.2 No part of the Services is intended to constitute advice and the Content should not be relied upon when making any decisions or taking any action of any kind.
22.3 No part of the Service is intended to constitute a contractual offer capable of acceptance.
22.4 Whilst we use reasonable endeavours to ensure that the Services re secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
23. Changes to these Terms and Conditions
23.1 We reserve the right to change these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Services following the changes. Where there are material changes we will provide more prominent notice of such changes either via email or a notice within the Services.
23.2 Where these changes are to make the Terms and Conditions clearer or easier to understand we will not always provide this notice, or if such changes are to your benefit.
23.3 If we are required by law to make any changes to the Terms relating to the sale of any Goods, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future. If these changes affect a pending order, we will notify you as soon as practicable of such changes.
23.4 Please check the “updated” date at the top of the Terms and Conditions to see if any changes have been made since your last use.
24. Changes to the Services
We reserve the right to change, modify, discontinue or terminate the Services (including any Content and Goods) at any time. If we decide to terminate any element of the Services, we will (where commercially viable) aim to give you 30 days notice prior to this.
25. Availability of the Services
25.1 The Services (including any Account) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
25.2 We accept no liability for any disruption or non-availability of the Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
25.3 We may change the appearance, settings or any part of the Services or provide updates to Services at any time which may impact the appearance or, functionality of any Content uploaded.
26. Our responsibility to you
26.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Services or any information contained therein. Users should be aware that they use the Services and its Content at their own risk.
26.2 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
27. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
28. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
29. Rights of other parties
Subject to clause 20, the agreement created by these Terms and Conditions is between you and us. Nobody else can enforce it and nothing in these Terms and Conditions shall confer any such rights upon any third party.
30. Complaints and how to contact us
30.1 For all queries regarding the Services and any products or orders purchased from us, please contact us using the contact us page on our website or at info@vapianorestaurants.nl For any in-store collections, we recommend you speak to the store regarding any queries or complaints first as they will be available to deal with this.