Term and conditions

Last Updated on: April 11, 2024


The following 'General Terms and Conditions for Customers' govern the relationship between home-chef.nl and both customers and Chefs.


1. Definitions

Offer: The assortment of items and services provided by the Chef available for purchase by the Customer via the Platform.

Order: A request made by the Customer to the Chef through the Platform for a specific selection of items or services.

Customer: An individual or entity, either natural or legal, placing an Order through the Platform.

Agreement: A contract established between the Customer and the Chef concerning an Order, including its delivery or collection.

Platform: Refers to the collective term encompassing the website(s), applications, tools, and other digital assets owned by Home Chef and its affiliated entities and business associates, through which the Service is accessible.

Chef: An individual or entity, whether independent or a company, engaged in the preparation and sale of meals, beverages, and associated items, utilizing the Platform for the establishment and financial transactions related to the Agreements.

Chef Information: Pertains to the details concerning the Chef, including but not limited to their personal or company name, address, contact information, general particulars, range of items (such as meals, side dishes, options, and beverages), pricing for each item (inclusive or exclusive of VAT), bank account information for successful order payments, Chamber of Commerce (KvK) number, company logo, graphics, delivery coverage area (including postal codes), delivery charges, and minimum order requirements.

Delivery Partner Information: Comprises the details regarding the delivery partner, encompassing their name, address, contact details, general particulars, pricing details (inclusive or exclusive of VAT), bank account information for successful order payments, Chamber of Commerce (KvK) number, company logo, graphics, delivery coverage area (including postal codes), and delivery charges.

2. Identity of home-chef.nl

home-chef.nl operating under the name of 'Home Chef' and 'home-chef.nl': Address principal place of business: Jupiterstraat 63 9742 ET, Groningen, The Netherlands KVK: 74001884 VAT/BTW - NL859739193B01 Correspondence address: Jupiterstraat 63, 9742 ET, Groningen.

Email: info@home-chef.nl

3. Applicability

1. These General Terms and Conditions for Customers, Chefs, and Delivery Partners exclusively pertain to the Services provided. Home-chef.nl bears no responsibility for the Offers or items. Accordingly, the general terms and conditions of the Chef may apply to the Offers and items in addition.

2. Upon placing an Order, the Customer enters directly into an Agreement with the Chef for the delivery of the selected order(s) and Offers. The Customer is obligated by the Order and is not eligible for a refund except in cases of cancellation permitted by the Chef as outlined in Article 6 below.

3. By consenting to these terms and conditions, you, whether a Customer, Chef, or Delivery Partner, agree to future updates or additions to this document by home-chef.nl.

4. The Offer

1. Home-chef.nl displays the Offers and items on the Platform on behalf of the Chefs, utilizing the Chef information provided by them. Home-chef.nl does not assume any responsibility or liability for the contents of the Offers, items, or Chef information on the Platform. Chefs may incorporate ingredients and additives in meals and beverages that could potentially trigger allergies or intolerances. Customers with food allergies are encouraged to review item details or contact the Chef directly by phone for the latest allergen information before placing an Order.

2. Home-chef.nl ensures that all Chef information is presented in a manner that clearly delineates the Customer's rights and obligations subsequent to accepting the Offer.

3. Home-chef.nl will not assume any responsibility for the availability of the Platform.

5. The Agreement

1. The Agreement becomes effective when the Customer completes the Order by clicking the 'Continue to Payment' button while placing an Order through the Platform.

2. Upon receiving the Order, the respective Chef who published the dish on home-chef.nl will electronically acknowledge the Order to the Customer. By confirming acceptance of the Order, the Chef also affirms agreement to these terms and conditions. By agreeing to fulfill the Order, the Chef assumes responsibility to provide the food/dish as described on the home-chef.nl platform.

3. The Agreement can only be fulfilled by the Chef if the Customer furnishes accurate and complete contact and address details during Order placement. For "Pickup" orders, an address is not mandatory. Any inaccuracies in payment details must be promptly reported by the Customer to home-chef.nl or the Chef. Similarly, the Chef is required to provide accurate address and contact information for the pickup location in the case of delivery by home-chef.nl or for a Pickup order. Details regarding the types of orders are provided during Chef onboarding. In case of any confusion regarding home-chef.nl processes, the Chef should contact info@home-chef.nl or visit the website for assistance.

4. Regarding updates on the status of their Order,it is essential for the Customer to remain reachable via telephone or email (as specified during Order placement) for both the Chef and home-chef.nl.

5. Should the Customer opt for delivery, they must be available at the designated delivery address provided by them to receive the Ordered items. Similarly, the Chef is required to be present at the address provided during Chef registration or upon accepting the order to hand over the food/dish to either the Customer or the home-chef.nl delivery partner.

6. If the Customer opts for Pickup to collect the Order, they must be present at the designated time at the Chef's pick-up location as specified in the confirmation email, text message, or on the home-chef.nl website.

7. Upon placing an order and during the delivery or pickup of orders containing alcoholic items or other items subject to age restrictions, home-chef.nl and the Chef will request identification from the Customer in accordance with applicable laws and regulations. If the Customer fails to provide adequate identification or does not meet the minimum age requirements, the alcoholic items from the order will not be delivered, and home-chef.nl and the Chef reserve the right to refuse the entire order. If alcoholic items are not delivered as per this provision, the Customer may incur a cancellation fee, which will be at least equal to the value of the alcoholic items from the respective order.

8. Home-chef.nl disclaims any liability related to the execution of the Agreement.

6. Termination of the Agreement and Order Cancellation

1. Due to the perishable nature of the Offer, the Customer is not permitted to terminate the Agreement. Orders cannot be canceled by the Customer through home-chef.nl. The cancellation of an Order with the Chef is only feasible for the Customer if the Chef explicitly permits Order cancellation by the Customer.

2. The Chef reserves the right to cancel the Order under certain circumstances, such as if the Offer or Item is no longer available, if the Customer has provided an incorrect or non-functioning telephone number or other contact information, or in the event of force majeure.

3. If the Customer places a fraudulent Order (for instance, by providing inaccurate contact information, failing to make payment, or not being present at the delivery or pickup location to receive the Order) or fails to fulfill their obligations under the Agreement, home-chef.nl reserves the right to decline any future Orders from said Customer.

4. home-chef.nl reserves the right to reject Orders and terminate Agreements on behalf of the Chef if there is reasonable suspicion regarding the accuracy or authenticity of the Order or contact information. In cases where Customer Orders appear fraudulent or deceptive, home-chef.nl may choose to report such incidents to the police.

7. Payment

1. Upon the conclusion of the Agreement as stipulated in Article 5.1 of these General Terms and Conditions for Customers, the Customer is required to settle payment with the Chef for the Order. The Customer can fulfill this payment obligation either by utilising an online payment method through the Platform or by making payment to the Chef upon delivery or at the designated collection location.

2. In accordance with the regulations outlined in Article 6 of these General Terms and Conditions for Customers, a (partial) refund of an online payment is only feasible if the Order cannot be delivered (in full). Any reimbursement will be credited to the same account used for the original payment. Depending on the Customer's chosen payment method, the refund processing may take a maximum of 10 working days.

3. The Chef has granted authorization to home-chef.nl to accept online payments from Customers on behalf of the Chef.

4. home-chef.nl reserves the right to reject Orders and terminate Agreements on behalf of the Chef if there is reasonable doubt regarding the accuracy or authenticity of the Order or contact information. In instances where Customer Orders raise suspicion of being false or fraudulent, home-chef.nl may choose to report such occurrences to the police.

8. Complaints settlement

1. Customer complaints regarding the Offer, the Order, or the execution of the Agreement should be directed to the Chef for acknowledgment. The Chef bears sole responsibility for the Offer and the execution of the Agreement. home-chef.nl may only act as a mediator in such matters.

2. If the Customer has a complaint regarding the Service, they should communicate the complaint via the contact form, email, or regular mail to home-chef.nl customer service, using the contact address specified in Article 2 of these General Terms and Conditions.

3. Upon receipt of the complaint by home-chef.nl, the company will respond promptly, providing a confirmation of receipt within one week. home-chef.nl endeavours to address the complaint expeditiously, aiming to resolve it within two weeks at the latest.

4. Complaints,as delineated in sections 1 and 2 of this article, must be promptly filed within a reasonable timeframe after the Customer has identified the deficiencies. They should be comprehensively and clearly described, and directed to the respective Chef (section 1) or home-chef.nl (section 2).

5. The European Commission oversees an Online Dispute Resolution (ODR) platform, accessible at http://ec.europa.eu/odr. home-chef.nl.com explicitly opts out of any Alternative Dispute Resolution mechanisms as specified in Directive 2013/11/EU. The email address for home-chef.nl is info@home-chef.nl.

9. Marketing e-mails

1. Upon placing the Order, the Customer will be automatically subscribed to receive marketing emails concerning offers and deals. The Customer can opt out of these communications by sending an email or contacting customer service through the help link on their profile page via the home-chef.nl platform, or by reaching out via email at info@home-chef.nl or visiting the website.

10. Inspection and correction of stored personal data

1. home-chef.nl will process personal data pertaining to the Customer. The handling of personal data is governed by the Privacy Statement.

11. Copyright policy

The contents, application, and website design, as well as the images and texts utilized on the home-chef.nl application and website, are the proprietary assets of home-chef.nl, its subsidiaries, and partners, and are therefore protected by copyright. Any user(s) of the home-chef.nl platform who engage in copying, imitating, or creating a similar theme, wording, texts, images, website, or application designs and contents may face legal action under Dutch law, upon complaint by a representative of home-chef.nl. The user(s) will be held legally accountable for any damages incurred by home-chef.nl, its subsidiaries, and partners, in accordance with Dutch law.

Any user(s) who download the home-chef.nl application or website with the intention of replicating ideas, themes, content, or designs may be expelled as users from the home-chef.nl platform without prior notice. Furthermore, legal action may be taken against the user(s) under Dutch law if sufficient evidence of intent to copy is found.

Similarly, any user(s) who use the home-chef.nl application or website with the intent to spam or defame the platform may be removed as users without prior notice. Legal action may be pursued against such user(s) under Dutch law if there is adequate evidence of intent to damage the reputation and business of home-chef.nl, its subsidiaries, and partners.

12. Miscellaneous Policy

Any user(s) accessing the home-chef.nl website are obligated to maintain confidentiality and refrain from disclosing confidential information, including but not limited to home-chef.nl charges, delivery processes, and other features (such as delivery and chef dashboards). Failure to comply may lead to legal consequences and financial penalties.

Users of the home-chef.nl website are also required to promptly inform the home-chef.nl team of any issues they encounter while using the application. We kindly ask that users show respect towards our associates, chefs, and delivery partners. Any use of defamatory language or abusive behavior towards these stakeholders will be dealt with in accordance with the governing laws of the country of service.

13. Obligations of the Chef

The Chef:

(a) Grants authorization to home-chef.nl to enter into Agreements on behalf of the Chef;

(b) Will furnish the Chef Information to home-chef.nl;

(c) Is accountable for ensuring the completeness and accuracy of the Chef Information, which explicitly includes all necessary food information such as details regarding allergens.

(d) Agrees to provide additional information concerning the Chef or the Chef's products to home-chef.nl upon the first request by home-chef.nl

(e) Grants home-chef.nl permission to utilize and process the Chef Information, including but not limited to marketing campaigns, databases, partner platforms, or search engines. The Chef also agrees to authorize home-chef.nl to extend the same rights to third parties regarding the Chef Information.

(f) Grants home-chef.nl permission to provide additional services and charge fees related to these services to the Chef. home-chef.nl will notify the Chef in advance about any additional services offered.

(g) Agrees to promptly notify home-chef.nl if any food inspection authority or other regulatory body investigates or discovers an offense committed by the Chef or its employees under the relevant food legislation or any other legislation or regulations.

(h) Agrees to treat home-chef.nl employees and suppliers with respect and decency.

(i) Ensures accessibility via email and telephone during the operating hours of the Chef.

(j) The Chef is accountable for all tax payments and declarations to the Tax department, encompassing, but not limited to, income tax, sales tax (VAT/BTW), and any other applicable taxes.

(k) The Chef bears sole responsibility for upholding hygiene standards and practices, which include, but are not limited to, having their own Hazard Analysis and Critical Control Points (HACCP) plan, registering with the NVWA (or any other relevant food standard agencies), and complying with any other pertinent local authorities.

14. Guarantees and indemnities of the Chef

The Chef:

(a) Ensures compliance with all relevant laws and regulations.

(b) Ensures that the meals, beverages, and other products supplied to the Customer meet the requirements of applicable food legislation and related regulations and are suitable for consumption.

(c) Commits to promptly informing home-chef.nl of any changes in the composition, ingredients, and additives that may cause allergies or intolerances.

(d) Guarantees possession of all necessary licenses for the operation of the Chef and execution of the Agreement.

(e) Ensures that neither the Chef nor its employees are bankrupt, subject to payment moratorium, or under investigation or prosecution by any authority at the time of entering into this Agreement.

(f) Guarantees that the Chef Information can be freely used and processed by home-chef.nl in accordance with these Conditions without infringing on intellectual property rights or other third-party rights.

(g) Ensures that Agreements are executed in accordance with the Chef Information (including food information) displayed on the Platform.

(h) Indemnifies home-chef.nl against any third-party claims arising from breaches of warranties (a) to (f), including reasonable defense costs incurred by home-chef.nl, unless the Chef is not responsible for the breach.

(i) Indemnifies home-chef.nl against Customer claims related to the Chef's performance of the Agreement, its agents, or employees, including reasonable defense costs incurred by home-chef.nl, to the extent that such claims stem from a breach of this Agreement by the Chef, its agents, or employees, unless the Chef is not responsible for the breach.

(j) Guarantees the protection of home-chef.nl's information, including but not limited to IP, software, and its contents (orders, values, delivery partner information, customer information, chef information, etc.), and agrees not to disclose it to any third party without written consent from home-chef.nl authorities. Additionally, the Chef agrees not to solicit or offer employment to home-chef.nl employees or contractors without prior consent from home-chef.nl authorities.

15. Conclusion, delivery, and cancellation of Agreements

1. An Agreement is formed when a customer accepts an offer from the Chef by placing an Order through the Platform. The Chef bears sole responsibility for ensuring compliance and performance under each Agreement. The Customer is accountable directly to the Chef for any obligations arising from the Agreement. home-chef.nl is only responsible, if applicable, for providing Payment Services.

2. home-chef.nl promptly forwards Orders via the Platform to the Chef.TheChef guarantees accessibility to receive Orders via one of the Connection Methods. home-chef.nl reserves the right to modify available Connection Methods at its discretion, with prior notification.

3. If an Order cannot be fulfilled for pick-up or delivery by the Chef, the Chef must notify the Customer within ten (10) minutes of receiving the Order and offer a reasonable alternative.

4. home-chef.nl bears no responsibility for the accuracy and completeness of Orders placed by Customers. The Chef may verify each Order with the Customer by contacting the Customer at the phone number provided in the Order.

(a) The Chef will make the Order available for pick-up or deliver the Order to the Customer, adhering to any delivery terms and conditions specified by the Chef.

(b) The Chef is prohibited from utilizing the Platform for the sale of products deemed illegal, whether sold online or otherwise.

5. If an Order includes alcoholic products or other items subject to a legal age restriction, the Chef must ask the Customer to provide identification as required by applicable law upon delivery or pick-up. If the Customer fails to provide adequate identification or does not meet the minimum age requirements, the Chef will decline to deliver the relevant products to the Customer.

6. If the Chef utilizes the services of a third party to deliver the Order to the Customer, the Chef bears responsibility for the delivery and associated delivery costs. The Chef agrees to indemnify home-chef.nl against any claims by third parties related to the delivery and its associated expenses.

7. The Chef may cancel the Order if:

(a) The customer has provided incorrect contact or address information with the Order.

(b) The Offer becomes unavailable, and the Customer declines an alternative offered by the Chef.

(c) Force majeure events occur at the Chef's premises.

8. home-chef.nl reserves the right to cancel the Order if it appears to be false or if there is suspicion of illegal activities.

9. home-chef.nl bears no liability (i) for cancellations by Customers or for any resulting damages, and (ii) for Customers who fail to fulfill their financial obligations towards the Chef.

10. home-chef.nl notifies the Customer of the possibility of a right of withdrawal when ordering specific products. Upon such notification, home-chef.nl will accept withdrawal requests from the Customer on behalf of the Chef and forward them accordingly. The Chef is exclusively responsible for handling revoked agreements. Any expenses related to Customer withdrawal will be the sole responsibility of the Chef.

16. Term and termination of the service

1. home-chef.nl can immediately terminate the Service if the Chef:

(a). Breaches the provisions of the Conditions.

(b). Provides incorrect or incomplete information in the course of the registration or fails to adequately update such information.

(c). (Repeatedly) Receives negative reviews from Customers; or (repeatedly) places reviews of its own Chef on the Platform.