Terms Conditions

General Terms and Conditions for Customers
SXM2GO


 

The present 'General Terms and Conditions for Customers' are applicable to the provision of Services by Sxm2go.com to their Customers. They are not applicable to Restaurants, for which the terms contained in the Sxm2go.com Restaurant Agreement will apply.

 

Use of Customer personal data submitted to Sxm2go.com via the Platform is governed by the Privacy Statement and Cookies Policy.

 

  1. Definitions

 

Offer: the range of products and services generally offered by the Restaurant that can be ordered by the Customer through the Platform.

 

Order: a binding order placed by the Customer with the Restaurant through the Platform as regards the Offer selected by the Customer.

 

Customer: a Consumer or a legal entity placing an Order through the Platform.

 

Consumer: a Customer that is a natural person of at least 18 years of age and legally capable of entering into binding contracts that concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

Agreement: an agreement between the Customer and the Restaurant regarding an Order, delivery, or reservation and collection of the Order.

 

Platform: the website(s), apps, tools and other equipment of Sxm2go.com and its business partners on which the Service is made available.

 

Restaurant: a company that prepares and sells meals, beverages and related articles and uses the Platform for the establishment and payment of the Agreements.

 

Restaurant Information: the information about the Restaurant with regard to, among other things, company and contact information, general information, product range (meals, side dishes, options and beverages), prices for each individual product (including Service Charge if applicable % ), company logo, graphics, delivery area (including postal codes), delivery costs and minimum order amounts.

Service: the commercial services and/or activities that are offered to the Customer by Sxm2go.com, including publication of the Offer, facilitation of the conclusion of Agreements and transmission of Orders to the relevant Restaurant.


 

Loyalty Program: a loyalty program that enables Customers to collect loyalty Points from participating Restaurants on a virtual loyalty wallet and for which the “Special Terms and Conditions for Card Program” apply.



 

Sxm2go.com: SXM2GO.com acting for itself and on behalf of any corporate entity or person that controls, are controlled by or under the common control, directly or indirectly, with SXM2GO.com Group B.V.

 

Tip: voluntary gratuity paid by a Customer in addition to the Agreement and that is intended for the courier delivering the Order. Tip can be collected via cash , online payments or the debit card terminal machine.  

 

  1. Identity of Sxm2go.com

 

Sxm2go.com is operating under the name ‘SXM2GO NV in SINT MAARTEN:

Address principal place of business:

CRIB : 435209322

MISS LALLIES COMMERCIAL CENTER 

 

1. Applicability of the General Terms and Conditions

 

-The present General Terms and Conditions for Customers are only applicable to the Service. SXM2GO is not responsible for the Offer. As the case may be, the general terms and conditions of the Restaurant shall be applicable to the Offer in addition.

 

-By placing an Order, the Customer concludes an Agreement directly with the Restaurant for delivery of the Order selected by the Customer. SXM2GO role is to broker Agreements between Customer and the Restaurant.

 

2.The Offer

 

-SXM2GO publishes the Offer on behalf of the Restaurants on the Platform, in accordance with the Restaurant Information supplied by the Restaurants. SXM2GO does not accept any responsibility or liability for the contents of the Offer and the Restaurant Information on the Platform, nor that the Restaurant Information is complete or accurate. SXM2GO may make changes to the material (including the Restaurant Information) on or the functionality of the Platform at any moment without notice.

 

-The Restaurant may use ingredients and additives of meals and drinks that could cause allergies and intolerances. SXM2GO always provides the Customer with the relevant food information provided by Restaurants. However, in some cases the information displayed may be incomplete, automatically generated and/ or not validated as accurate by the Restaurant as yet. If a Customer is allergic to or intolerant of any foodstuffs, it is the Customer’s responsibility to contact Customer Service or the Restaurant for current allergen information and verify that the food is suitable for the Customer before placing an Order. The Customer acknowledges and agrees that SXM2GO.com is relying on the Restaurant to provide correct ingredients and additives of meals and drinks and as such has no liability in respect of the same.

 

-SXM2GO presents all Restaurant Information in such a way that it is clear to the Customer what his rights and obligations are after having accepted the Offer.

 

3.The Agreement

 

The Agreement is effective as from the moment the Customer finalizes the Order by accepting the order/finalizing the order or similar button during the process of placing an Order through the Platform. The Customer is bound by the Order and will not be entitled to a refund except in case of cancellation allowed by the Restaurant pursuant to article 6 below, or in case the Restaurant cancels your Order.

 

-After receipt of the Order, SXM2GO will electronically confirm the Order to the Customer.

-Customer acknowledges and agrees that the Agreement can only be executed by the Restaurant if the Customer provides correct and complete contact and address information when placing the Order. The Customer is obliged to immediately report any inaccuracies in the contact, address and payment data supplied or mentioned SXM2GO or the Restaurant.

-With respect to information on the status of his Order, after having placed the Order the Customer is required to be available by telephone or email (as indicated when placing the Order) for both the Restaurant and SXM2GO. 

-If the Customer decides to have the Order delivered, the Customer must be present at the delivery address given by the Customer when placing the Order in order to accept the delivery of the Order. If the Customer is not present at the delivery address when the Order is delivered, and the Order is being delivered by SXM2GO (rather than the Restaurant itself) SXM2GO will make reasonable efforts to contact the Customer in order to determine where to leave the Order. If SXM2GO is unable to contact the Customer, SXM2GO may leave the Order at a reasonable location outside, close to the delivery address. SXM2GO will not be responsible for the Order (including the quality or safety of the contents of the Order when the Customer finds it) after delivering the Order. Please note that when the Restaurant is delivering the Order itself, rather than using SXM2GO delivery services, the Restaurant will decide whether to leave the Order outside the delivery address if the Customer is not present.

-If SXM2GO delivers the Order on behalf of the Restaurant, SXM2GO may charge the Customer delivery costs. The current rate of such delivery costs is stated on the Platform separately from the costs for the items offered by the Restaurant in a way noticeable before a Customer places an Order. A receipt for these delivery costs can be requested with SXM2GO

 -If the Customer decides to collect the Order from the location of the Restaurant, the Customer must collect the Order at the selected time at the collection location of the Restaurant, as indicated in the confirmation email, text message or on the SXM2GO.


-Times for delivery and collections are provided by the Restaurants and are only estimates. Neither SXM2GO nor the Restaurants guarantee that Orders will be delivered or available for collection within the estimated times.

-Upon delivery or collection of the Order, the Restaurant may ask for identification if the Order contains alcoholic products or other products with an age limit. If the Customer cannot identify himself adequately or does not meet the minimum age requirements, the Restaurant will refuse to deliver or hand out the relevant products to the Customer. In this case, cancellation costs may be charged to the Customer.

-SXM2GO is not a party to and does not accept any liability relating to the execution of the Agreement. In particular, SXM2GO does not assume any responsibility if the Order is of satisfactory quality or suitable for the purpose the Customer ordered it for.

-The Customer may at Customer’s sole discretion choose to provide a Tip to a courier via the available online payment methods.

-The Tip is intended for the drivers, and can neither be considered as payment for the. Agreement, nor for Services of SXM2GO , will thereby only act as a trustee and transferor of the Tip.

-SXM2GO will transfer the Tip to the drivers in case those are directly engaged via SXM2GO

-Tip to the driver. SXM2GO can neither guarantee nor be held responsible for the transfer of the Tip from the Restaurant to the driver.

-After the Customer has received a confirmation of placing the Tip, the Tip cannot be refunded or returned.

 

6. Dissolution of the Agreement and cancellation of the Order


-Considering the perishable nature of the Offer, the Customer shall not be entitled to dissolve the Agreement. Orders cannot be cancelled by the Customer with SXM2GO. Cancellation of the Order with the Restaurant is only possible by  the Customer if the Restaurant explicitly indicates that Cancellation of the Order by the Customer is possible .Restaurant needs to agree. 

 

-The Restaurant is entitled to cancel the Order, e.g., if the Offer is no longer available, if the Customer has provided an incorrect or inoperative telephone number or other contact information, or in case of force majeure. SXM2GO encourages the Restaurants to execute all Orders and to communicate any cancellation promptly, but SXM2GO does not guarantee that the Restaurants do so and assumes no liability for the cancellation of an Order by the Restaurant.

-If the Customer places a false Order (for example by providing incorrect contact information, by not paying or by not being present on the delivery or collection location in order to receive the Order) or otherwise fails to comply with his obligations pursuant to the Agreement, SXM2GO shall be entitled to prohibit Customer from placing any future Orders via the Platform.


-SXM2GO is entitled to refuse Orders and cancel Agreements on behalf of the Restaurant, if there is reasonable doubt about the correctness or authenticity of the Order or contact information. If the Customer places Orders that appear as false or fraudulent, SXM2GO may report this to the police or make the necessary moves. 

6.PAYMENT 

 

-All prices shown in the Offer are inclusive of  any surcharge in menu prices if there are any. In case delivery costs apply, such costs will be set out separately. Delivery costs will not be charged if the Customer chooses Pick up option for an Order.

-At the moment the Agreement is concluded in accordance with the provisions of article 5.1 of these General Terms and Conditions for Customers, Customer is obliged to pay the Restaurant for the Order. The Customer may fulfill this payment obligation by using an online payment method through the Platform or by payment to the Restaurant at the door or at the collection location. The available online payment methods are indicated to the Customer at the time of placing the Order.

-Subject to the provisions of article 6 of these General Terms and Conditions for Customers, the (partial) reimbursement of an online payment shall only be possible if the Order cannot be delivered (entirely). The reimbursement shall always be made into the same account as the one from which the payment has been made. Depending on the payment method used by the Customer, the processing of the reimbursement will take a maximum of 10 working days.

-The Restaurant has authorized SXM2GO to accept the Customer’s online payment, cash payments or any other method of payments on behalf of the Restaurant.

-A credit or discount may be applied to the Order if the Customer uses a valid promotional voucher or code endorsed by SXM2GO and issued for use in connection with placing Orders via the Platform. Vouchers or codes may only be redeemed.  The possibility to redeem a voucher or code will be indicated in connection with the displayed payment methods. If the voucher number or code entered by the Customer is valid, the value of the voucher or code will immediately be credited against the total amount of the Order and deducted prior to payment.

 

7. Customers Use of the Platform

 

-Terms of permitted use: The Customer is permitted to use the Platform and print and download extracts from the Platform for your own personal non-commercial use on the following basis:

-The Customer must not misuse the Platform (including by hacking or \"scraping\").

-Unless otherwise stated, the copyright and other intellectual property rights on the Platform and in material published on it (including without limitation photographs and graphical images) are owned by SXM2G.com or its licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these General Terms and Conditions for Customers, any use of extracts from the Platform other than in accordance with article 9.1 is prohibited.

-The Customer must not modify the digital or paper copies of any materials that the Customer prints off in accordance with article 9.1 and the Customer must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.

-The Customer must ensure that SXM2GO’s  status as the author of the material on the Platform is always acknowledged.

-The Customer is not allowed to use any of the materials on the Platform or the Platform itself for commercial purposes without obtaining a licence from SXM2GO.com to do so.

-Limitation on use: Except as stated in article 9.1 above, the Platform may not be used, and no part of the Platform may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without SXM2GO.com’s  prior written permission.

-Reservation of rights: Any rights not expressly granted in these Terms and Conditions for Customers are reserved.

-Restaurant Reviews: The ranking of the Restaurants on the Platform is determined by a ‘living algorithm’. Details can be found in the FAQSS XM2GO may display on the Platform ratings and comments ("Reviews") provided by Customers regarding the Restaurant or an Order. Customer is solely responsible and liable for the content of the Review SXM2GO may remove or edit Reviews where the Reviews are, in SXM2GO’s view, unreasonably defamatory or otherwise objectionable. SXM2GO will only do so in accordance with applicable legislation.
 

8. Complaints Settlement

 

-Complaints from the Customer about the Offer, the Order or the performance of the Agreement, are to be filed with and for receipt by the Restaurant. The sole responsibility for the Offer of the Restaurant and the performance of the Agreement lies with the Restaurant SXM2GO.com may only assume a mediating role.

-If the Customer has a complaint as regards the Service, the complaint is to be communicated by means of the contact form, by email or ordinary mail to SXM2GO customer service, at the contact address as indicated in article 2 of the present General Terms and Conditions for Customers.

-Once the complaint has been received by SXM2GO, the latter shall react as soon as possible, but not later than within one week, with a confirmation of receipt.SXM2GO aims to handle the complaint as soon as possible, but not later than within two weeks.

-Complaints as described in sections 1 and 2 of this article must be filed by the Customer promptly within due time after the Customer has detected the shortcomings, be fully and clearly described and filed with the respective Restaurant (section 1) or SXM2GO (section 2).


8. Liability of SXM2GO 

 

  1. SXM2GO assumes no liability whatsoever in relation to the availability of the Platform, the Offer, the correctness and completeness of the Restaurant Information, or the execution of the Agreement. Customer acknowledges and agrees that the transmission of information via the internet is not completely secure. SXM2GO does not guarantee the security of your data transmitted to the Platform; any transmission is at the Customer’s risk.