0
Your Cart

TERMS OF SALE

General terms and conditions restaurant Marcus BV.

  1. All cancellations of reservations must be made in writing or by e-mail.
  2. In case of reservation at RESTAURANT MARCUS BV and cancellation within 48 hours before the activity, a lump sum of 50.00 EURO shall be due for a reservation for two persons, to be increased by 50.00 EURO for every two additional persons. This obligation is reciprocal if the cancellation is due to RESTAURANT MARCUS BV, except in case of force majeure (e.g. illness, lockdown,…). In case of reservation at RESTAURANT MARCUS BV and cancellation within 24 hours before the concerned activity, a lump sum of 75.00 EURO shall be due for a reservation for two persons, to be increased by 75.00 EURO for every two additional persons. This obligation is reciprocal if the cancellation is due to RESTAURANT MARCUS BV, except in case of force majeure.
  3. When the customer makes a reservation and does not show up without cancelling, this is a no show up. In case of a no show up, a lump sum of 100.00 EURO will be charged for a reservation for two persons, to be increased by 100.00 EURO per two additional persons. This is without prejudice to RESTAURANT MARCUS BV’s right to charge any damages incurred in excess of this amount.
  4. In the event of non-payment of the invoice within the stipulated period, interest on arrears at the rate of 12% per annum shall be payable by law and without prior notice of default from the due date. A lump-sum compensation amounting to 15% of the invoice amount, with a minimum of EUR 125.00, shall also be payable by law and without prior notice of default as damages, this subject to any demonstrable higher damages. Expenses related to unpaid bills of exchange or cheques, as well as other collection costs, are not included within this lump-sum compensation amount and will be charged to the principal separately. RESTAURANT MARCUS BV reserves the right, in the event of non-payment of the invoice within the stipulated period, to make all outstanding claims payable by law and without prior notice of default. RESTAURANT MARCUS BV also reserves the right to suspend the performance of further services until full payment of the total outstanding sums including, but not limited to, principal, interest, damages and possible compensation for legal proceedings.
  5. Any offer made by RESTAURANT MARCUS BV shall be valid for 15 days.
  6. All price quotations issued by RESTAURANT MARCUS BV are based on the current value of wages and food products. Should these change, RESTAURANT MARCUS BV reserves the right to adjust the prices accordingly.
  7. Orders shall only be considered accepted and binding upon written order confirmation by RESTAURANT MARCUS BV.
  8. After written order confirmation by RESTAURANT MARCUS BV, a reservation deposit will be due, corresponding to 500.00 EURO for amounts below 1,500.00 EURO excluding VAT, or to 1,000 EURO for amounts above 1,500.00 EURO excluding VAT.
  9. Final confirmation of the menu, drinks, reception choice and/or additional goods and services, should be made no later than 21 calendar days before the date of the activity. Based on this confirmation, an advance invoice will be issued equal to 50% of the total amount of the offer, less the reservation deposit.
  10. Reductions in the number of guests originally planned, with a maximum of 10%, are free of charge up to five calendar days before the date of the activity. In the event any such reduction should exceed 10%, or for deviations communicated later than two calendar days before the date of the activity, 50% of the offer amount applicable to the relevant deviation will be included in the final invoice.
  11. Cancellation of the order and/or agreement with RESTAURANT MARCUS BV must be made in writing or by e-mail. In case of cancellation of the agreement with RESTAURANT MARCUS BV within seven calendar days or more before the date of the activity, a lump sum of 50% of the total amount of the offer will be invoiced, without prejudice to RESTAURANT MARCUS BV’s right to charge for any damages incurred in excess of this amount. This obligation is reciprocal if the cancellation is due to RESTAURANT MARCUS BV, except in case of force majeure. In case of cancellation of the agreement with RESTAURANT MARCUS BV within six to four calendar days before the date of the catering services, a lump sum of 75% of the total amount of the offer will be invoiced, without prejudice to RESTAURANT MARCUS BV’s right to charge for any damages incurred in excess of this amount. This obligation is reciprocal if the cancellation is due to RESTAURANT MARCUS BV, except in case of force majeure. In case of cancellation of the agreement with RESTAURANT MARCUS BV within three calendar days before the date of the activity, a lump sum of 100% of the total amount of the offer will be invoiced, without prejudice to RESTAURANT MARCUS BV’s right to charge for any damages incurred in excess of this amount. This obligation is reciprocal if the cancellation is due to RESTAURANT MARCUS BV, except in case of force majeure.
  12. For home catering services, transport costs arising from catering services provided by RESTAURANT MARCUS BV shall be borne by the buyer, unless otherwise agreed. 
  13. If the customer/client does not collect the goods on the date communicated to them, following expiry of this date, they shall be liable to pay a lump-sum compensation amounting to 100% of the value of the order or agreement. This obligation is reciprocal where the non-collection is attributable to RESTAURANT MARCUS BV, except in case of force majeure.
  14. Storage of goods pending collection is at the customer/client’s risk.
  15. Should RESTAURANT MARCUS BV not be able to execute the agreement as a result of force majeure, they reserve the right to terminate the agreement without any compensation being payable.
  16. Any complaints and comments regarding goods and services provided by RESTAURANT MARCUS BV may be made at the time of delivery of services on the day of the activity and must be confirmed in writing no later than three calendar days following the activity in question. Any other complaint or comment which does not meet these criteria shall not be accepted.
  17. Any objection against the invoice must be made in writing within 8 days of the invoice date. People are requested to always quote the invoice date and number.
  18. All invoices are payable within 8 days of the invoice date by bank transfer to the account number stated on the invoice.
  19. All agreements to which these general terms and conditions apply, as well as all other agreements resulting from them, shall be governed by Belgian law.
  20. In the event of any dispute, only the courts presiding over the registered office of RESTAURANT MARCUS BV are deemed competent.
  21. The customer acknowledges that the above general terms and conditions are an integral part of the agreement between them and RESTAURANT MARCUS BV and are legally binding.

GENERAL TERMS AND CONDITIONS OF RESTAURANT MARCUS BV in the event of SALE

1. Offers and orders

1.1 Each offer is valid for 7 days and must be confirmed in writing (at least by e-mail).

1.2 Any order implies acceptance by the customer of our terms and conditions.

2. Prices

2.1 Prices are partly based on the daily fluctuating prices of raw materials (fruit, spices, etc.) and can therefore change depending on the season, etc. Previously agreed prices and offers are therefore not binding for any subsequent orders.

2.2 Any additional order costs such as delivery, special shipping, etc. shall be charged on top of the stated prices.

2.3 Adjustments or additions to the agreed quotation shall be charged following consultation with the customer.

2.4 If the materials used are damaged, destroyed or lost, additional charges shall be levied to replace them.

3. Delivery and collection times

3.1 Stated delivery times are not legally binding. Only in case of unreasonable exceeding of the delivery date agreed in writing (at least by e-mail) shall the customer be entitled to suspend or cancel the order, at the earliest two weeks following registered notice of default.

3.2 In case of failure to collect the products on the collection date agreed in writing (by e-mail), RESTAURANT MARCUS BV shall be entitled to charge the already-agreed order amount.

4. Cancellation

4.1 A confirmed order can be cancelled by the customer up to 30 days before the agreed delivery or collection date in writing (at least by e-mail) without charge. Following this, RESTAURANT MARCUS BV shall be entitled to charge the agreed total.

5. Payment

5.1 All payments due by the customer must be received by RESTAURANT MARCUS BV within 30 days of the invoice date, without any deduction or offsetting, unless otherwise agreed in writing.

5.2 In the event of late payment from the due date, interest set at 12% per annum shall be due by law and without reminder.

5.3 Also in the event of late payment, the invoice total shall be legally increased and without prior notice of default by 15%, with a minimum of 125.00 EUR.

5.4 Each time RESTAURANT MARCUS BV needs to send a reminder, 25.00 EUR (excl. VAT) administration costs will be charged.

5.5 RESTAURANT MARCUS BV also reserves the right, in case of non-payment of its invoices, to suspend the performance of any further agreed orders, based on the ‘exceptio non adimpleti contractus’ principle, until full payment of total outstanding amounts including, but not limited to, principal sum, interest, damages and possible compensation for legal proceedings.

5.6 RESTAURANT MARCUS BV reserves the right, in the event of non-payment of the invoice within the stipulated period, to make all outstanding claims payable by law and without prior notice of default.

6. Retention of title – risk

6.1 All goods delivered remain the property of RESTAURANT MARCUS BV until full payment of the purchase price, plus any appurtenances. However, the risk passes to the buyer from delivery of the goods.

7. Complaints

7.1 Complaints regarding the products supplied by RESTAURANT MARCUS BV must be communicated by registered letter within seven days following receipt of the relevant products. In absence of any complaint, the products are deemed accepted without any conditions and must be paid for. A complaint may not warrant suspension of payment.

8. Final provisions

8.1 RESTAURANT MARCUS BV shall be entitled at any time to amend or modify these terms and conditions without the consent of its customer/client, but with the obligation to notify them of these changes in writing.

8.2 All agreements to which these general terms and conditions apply, as well as all other agreements resulting from them, shall be governed by Belgian law.

8.3 In the event of any dispute, only the courts presiding over the registered office of RESTAURANT MARCUS BV are deemed competent.

8.4 The customer acknowledges that the above general terms and conditions are an integral part of the agreement between them and RESTAURANT MARCUS BV and are legally binding.