Kitchup's Policy on Refunds to Customers
These Terms govern Kitchup's policy on refunds to customers ("Customer Refunds Policy") and the Service Provider's obligations associated with the Customer Refunds Policy. The Customer Refunds Policy is in addition to Kitchup's Terms and Conditions ("Kitchup Terms and Conditions").
The Customer Refunds Policy is available to customers who order and pay for one or more meals and/ or food items through the Kitchup Platform and have a Claim (as defined below). All fixed terms shall have the meanings ascribed to them in the Kitchup Terms and Conditions or unless otherwise specified in this Customer Refunds Policy.
By using the Kitchup Platform as a Service Provider ("Cook") or Customer, you acknowledge that you have read, understood, and agree to be bound by this Customer Refunds Policy.
1. Cancellation of the order
1.1 Cancellation of the order before the order deadline. An order can be cancelled directly by the customer until the order deadline, which is defined by the chef. In this case, the total costs paid in advance will be refunded in full. Kitchup reserves the right to handle individual cases differently should there be any suspicion of abuse of this regulation.
1.2 Cancellation of the order after the order deadline. If the cancellation is received after the order deadline, which is defined by the chef, and before delivery of the menu, Kitchup will only refund the platform fee. The same rule applies until the arrival of the menu. Cancellation of the menu after the order deadline must be made by contacting Kitchup via the Kitchup contact form.
A "Complaint" means the following:
- The service supplier cancels a reservation after the order deadline or shortly before its scheduled delivery.
- A delivery or handover of the ordered meals does not take place.
- A delivery or handover of a part of the ordered meals does not take place.
- The description in the menu offer is not correct in material respects with regard to the ingredients.
- The delivered quantity is obviously deficient in scope even before consumption.
- The meals delivered are inedible or even harmful to health.
- Ingredients are used which, according to the Federal Food Safety and Veterinary Office, are not approved as foodstuffs and are not used for packaging or decorative purposes.
- Food poisoning can be attributed to the consumption of meals ordered through the Kitchup Platform.
- Obvious evidence that the meal would not be permitted for consumption under applicable geographically relevant food laws.
3. Policy on refunds to customers
If you are a customer who placed an order through the Kitchup Platform and conditions for a claim exist, you are covered by this policy as follows:
Before and up to 24 hours after the delivery date. If you report a complaint after the order deadline and up to 24 hours after the delivery date, we agree, at our discretion, to either (i) refund you an amount up to the amount of the payment you made through the Kitchup Platform ("Total Charges") or (ii) use reasonable efforts to assist you in providing a meal alternative that is satisfactory to you. Kitchup will determine whether a problem reported by a customer is considered a claim and whether we will issue a refund or replacement to a customer who meets the requirements for a claim.
More than 24 hours after the delivery date. If you report a claim more than 24 hours after the delivery date, we agree, at our discretion, to refund you an amount up to the total charge, depending on the nature of the claim you make. All decisions made by Kitchup under the Customer Refund Policy will be final and binding on Customers and service provider, but will not affect any other contractual or legal rights you may have. Any right you may have to take legal action remains unaffected.
4. Requirements for the assertion of claims:
In order to make claims arising from complaints and to enjoy the associated benefits in relation to your order, you must meet each of the following requirements:
- You must be the customer who ordered the meal;
- You must notify us in writing or by telephone of the claim within 24 hours after you discover the defect and provide us with information (including photographs, videos, or other written or tangible evidence) about the Meal and the circumstances of the claim;
- You must also respond within the time specified by Kitchup to any requests from us for additional information or to cooperate with the claim;
- You must not have directly or indirectly caused (by acts, omissions or negligence) the cause of the claim;
- Unless Kitchup notifies you that the Complaint cannot be resolved or gives you other instructions, you must make reasonable efforts to resolve the circumstances of the Complaint with the service provider.
5. Minimal quality standard, responsibilities of the service provider and refunds to customers
5.1 As a service provider, you are responsible for ensuring that the meals you advertise on the Kitchup Platform are accurately described, use food in accordance with food regulations, and are fresh and suitable for consumption. Further, you are responsible for ensuring that the products used for transportation and packaging are food safe, clean and safe for human consumption. The service provider must ensure that the meal delivered is consistent with the advertised description. The quantity and size should be based on a normal portion of a full-grown adult with normal needs, unless otherwise noted by the customer during order receipt. It is the responsibility of the service provider to ensure that the ordered meal is delivered or ready for pickup during the agreed upon time window. The service provider must be able to guarantee to comply at least with the cantonal hygiene regulations. Kitchup issues guidance in the form of webinars on how to exceed these regulations in order to make cooks aware of the best possible hygiene.
5.2 If you are a service provider and if (i) Kitchup determines that a customer has had cause for complaint in connection with a Meal advertised by you (ii) Kitchup either pays the Customer a refund (up to the total amount of the Charges) or arranges an alternative Meal for the Customer, you agree to pay Kitchup a refund up to the amount paid by Kitchup within 30 days of Kitchup's request. You authorize Kitchup to collect any amounts owed to Kitchup by deducting them from their disbursements or in any other manner permitted under the Payment Terms.
5.3 As a service provider, you understand that the rights of customers under this Customer Refund Policy take precedence over the cancellation terms you choose. If you dispute the claim, you may notify us in writing or by telephone and provide us with appropriate information (including photographs or other evidence) that refutes the claims related to the claim.
6. General provisions
6.1 No Assignment/ No Insurance. This Customer Reimbursement Policy does not constitute an offer of insurance, an insurance policy, or a contract of insurance, and does not replace any insurance purchased or obtainable by the Customer. The Customer will not pay an insurance premium for the Policy on Refunds to Customers. The benefits offered in the Refunds to Customers Policy may not be assigned or transferred by you.
6.2 Modification or Termination. Kitchup reserves the right to modify or terminate this Customer Refunds Policy at any time in its sole discretion. If Kitchup changes the Customer Refunds Policy, we will post the change on the Kitchup Platform or send you a notice of the change. Kitchup will continue to process all claims regarding Reimbursements made prior to the effective date of the change based on the policy in effect at that time.
6.3 Overall Agreement. This Customer Refund Policy constitutes the entire and exclusive agreement between Kitchup and you with respect to the Customer Refund Policy and supersedes any and all prior oral or written agreements between Kitchup and you with respect to the Customer Refund Policy.