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General terms and conditions

1. Description

Chez STHLM (hereinafter referred to as “Chez”) has developed an intermediation platform that can be accessed from the website www.chezsthlm.se, designed to put Diners who wish to hire a private chef service in contact with chefs who offer their services as either independent providers of such services or Chez employees.

2. Definitions

In this document:

GTC: Means these General Terms and Conditions of Use.

Chef: The chef providing service as an Independent contractor or direct employee of Chez.

Diner: Means the User who uses the Platform to request a private chef service and eventually hire the services of a Chef, agreed between the parties.

Booking confirmation: Has the meaning attributed to it in Article 4.2.1 below.

Content developed by the User: Has the meaning attributed to it in Article 11.2 below.

Menu: Means the specific content of the offer to provide private chef services, made by the chef to the Diner in response to the Request registered by the latter through the Platform, and includes both the specific menu proposal and any messages shared with the Diner in relation to the Service offered.

Offer: Means the content of the provision of services freely and independently offered by the chef to the Diner in response to a Request, and includes both the Menu and the Messages exchanged between the chef and the Diner.

Chef Profile: Means all information uploaded by the Chef to the Platform relating to his user profile, including both text and Images, and which will be visible both on his public chef profile and each time the Diner receives an Offer from the Chef.

Platform: Has the meaning attributed to it in Article 1 above;

Price: Means the sum of the Chef Fee and the Management and Advertising Fees, and is the total amount that the Diner pays through the Platform to confirm a Reservation.

Reservation: Has the meaning attributed to it in Article 4.2.1 below.

Service: Means the object of the contractual relationship between the Chef and the Diner, based on the provision of a gastronomic service specified in an Offer, with conditions freely set between the parties.

Website: Means the website that can be accessed from the address https://www.chezsthlm.se.

Request: Means the request for a private chef service by a Diner through the Platform.

Chez: Has the meaning attributed to it in Article 1 above.

Chef's Fee: Means the sum received by the chef after the performance of the service, deducting from the Price the Management and advertising costs provided by Chez.

User: Means any person who has created an Account on the Platform;

3. Registration on the Platform and creation of an Account

3.1. Conditions of registration on the Platform

The Platform can only be used by persons over 18 years of age. Registration on the Platform by a minor under the age of 18 is strictly prohibited. By accessing, using or registering on the Platform, you confirm and guarantee that you are over 18 years of age.

In the event that any of the services have a minor under 18 as a diner, he or she will be accompanied by at least one of his or her parents or legal guardians.

Diners undertake to comply with local legal regulations regarding the consumption of alcohol, food or substances of any kind, and Chez expressly prohibits non-compliance with current local legislation in relation to this matter within the framework of a service.

4. Use of the Services

4.1. Publication of Advertisements

4.1.1. Diners

As a Diner, provided you meet the conditions established in these GTC, you may request a Service through the Platform, entering the information regarding the Service you require (date, location, preferred chef, etc.) and registering as a User.

When you register your Request, you will receive an email notification with your contact details as a User and your password to access the Platform. Once registered, you may make appropriate use of the Platform, always with the sole purpose of booking a Service through it.

In any case, Chez reserves the right to cancel the profile of any user without the need for any express reason and, in any case, if the Diner breaches these general conditions, offends other users or makes inappropriate, unfair or unconscionable use of the platform, or does not comply with the principles of good faith.

The messages will have content exclusively related to the service. It is expressly prohibited to use the messages for any other purpose. Likewise, it is prohibited to exchange contact, personal or private information of any kind. Chez reserves the right to check the content of the conversations, in order to comply with this stipulation.

4.1.2. Chefs

As a Chef, provided you meet the conditions set out below, you may offer private chef services to Diners who register a request within your radius of action.

You may only respond to a Request with your Offer if you meet each and every one of the conditions indicated below:

(i) you are of legal age.

(ii) you have extensive professional experience in the gastronomic field as a cook, which I understand to be a minimum of 5 years.

(iii) you comply with the legal regulations regarding food handling and hygiene and sanitary conditions, and therefore you are in possession of the appropriate licenses.

(iv) you comply with the legal requirements demanded by the current local legislation regarding employment, whether as a business company or self-employed worker.

(v) you have civil liability insurance against any damage that may occur in the provision of private chef services, both with respect to possible food poisoning, as well as damage to movable and immovable property used during the provision of services, as well as damage to immovable property located at the Diner's address and that may suffer damage during the time in which you are performing the Service.

(vi) you comply with the applicable legislation in your territory regarding the transport of raw materials, cooked or not, guaranteeing the hygiene and food safety conditions required by the corresponding authority within the geographic location where the Service is provided.

(vii) you use utensils in good condition and take the necessary measures to guarantee their correct hygiene.

(viii) you guarantee the good condition of the raw materials used during the provision of services.

You acknowledge that you are solely responsible for the content of the Offer that you send through the Platform. Therefore, you acknowledge and guarantee the truthfulness and accuracy of all information included in your Menu and Messages, and you agree to perform the Service under the conditions described in your Offer.

Your Offer, which must comply with these GTC, will be sent to the Diner in response to his/her Request.

Chez reserves the right, at its sole discretion and without prior notice, not to send or to delete, at any time, any element of the Offer that does not comply with these GTC or that it considers may damage its image or the image of the Platform.

Likewise, Chez may close and cancel the chef's profile on the platform without the need for any justification and, in any case, when the Chef may harm other users of the platform or the platform itself.

4.2. Booking a Service.

4.2.1. Procedure for booking a service

Chez has established a system for booking services online (hereinafter "Booking") through the Platform.

In order to book a service through Chez it is necessary:

That the Diner registers a Request on the Platform, which will be automatically forwarded to the Chefs available in the location set by the Diner,

that at least one Chef sends his Offer in response to said Request and

that the Diner pays through the Platform the Price set by the Chef.

Once there is a Request and a specific Offer, and both users have agreed on the conditions of the Service, the Diner can book the same through the Platform paying the full amount set by the Chef in his Offer, using the payment methods established on the Platform.

Chez does not intervene in any phase of the Reservation process, leaving it up to the parties to determine each and every element of the Service. From the registration of the Request, to the sending of the Offer and the confirmation of the Reservation, each and every phase of this Reservation process is set by the parties in terms of the Price and conditions of the Service.

Once the Reservation has been made, and automatically, both users (Diner and Chef) will receive an email notification confirming the Reservation and detailing the contact details of the other party, in order to be able to communicate more comfortably by telephone or email.

4.2.2. Nature of the reservation of the Services and terms of use of the Platform on behalf of a third party.

Any use of the Platform, whether as a Diner or Chef, is related to a specific name or profile. The identity of the Chef and the Diner must correspond to the identity communicated by them to Chez.

Therefore, it is prohibited to send an Offer to a Diner on behalf of any other Chef other than the User issuing the Offer. It is also expressly prohibited to delegate or subcontract the service to a third party and/or negotiate on behalf of another.

4.3. Evaluation system

4.3.1. Moderation

You acknowledge and agree that Chez reserves the right not to publish or to delete any evaluation that it considers to be in breach of the provisions of these GTC.

4.3.2. Limit

Chez reserves the right to suspend your Chef Account, limit your access to the Platform, or terminate these GTC in the event that (i) you have received at least three negative reviews, understood as those that do not reach a 3 out of 5 and (ii) the average opinions you have received have a score of 3 or less.

In these cases, regardless of other variables, it will be understood that the Chef does not comply with the quality parameters promoted by the platform and the Chef's profile or account will be suspended.

5. Financial conditions

Access and registration on the Platform, as well as the sending of Requests and Offers, do not entail any cost. However, the Reservation will be confirmed after the corresponding payment of a Price, under the conditions described below.

5.1. Price

5.1.1. Specific conditions for the Chef

When submitting an Offer through the Platform, you must provide complete and accurate information about your Service (such as the additional services included, the price for each range of diners, etc.).

You are responsible for keeping the information on your Offer up to date at all times, and cancelling it if you are no longer available on the indicated date.

You are solely responsible for setting a Price (including Taxes, if applicable) for your Offer. When setting the Price, and before submitting your Offer, the Platform will always indicate the percentage corresponding to Management and Advertising Fees. In this way, you can establish the Price that you deem appropriate, and for greater clarity, you will have a calculation table that will show you what final amount of the Price you set corresponds to the Chef's Fee and what to Management and Advertising Fees. Once a Guest books your Offer, you may not require the Guest to pay a higher Price than the one stated in your Offer, and all services, expenses and supplies that the Chef will perform must be included in the offer

The price you set must be appropriate for the type of service requested. In the case of services for only one meal/dinner/breakfast, the price must include both your work and the cost of the ingredients. For services that involve the concatenation of several meals/dinners/breakfasts for the same client and within the framework of the same order, you must only include the cost of your work, since the ingredients will be paid directly on site, showing the receipts, tickets and invoices for the ingredients used, and their corresponding proof of payment, to the client. It is your responsibility to ensure that the client reimburses you for the costs of the ingredients.

The images used in your Chef Profile must accurately reflect the quality and condition of your Services. Chez reserves the right to require that your Chef Profile has a minimum number of Images of a certain format, size and resolution.

The allocation of Requests within the Platform may vary and depends on various factors, such as the preferences of the Diner, the Price and availability of dates, the number and quality of Images, Comments and Ratings, the type of Chef Service and/or the ease of booking.

When the Offer is sent in response to a Request and the Diner confirms the Reservation, you will be entering into a legally binding contract with the latter, which obliges you to provide the Service according to the conditions described in your Offer. You also agree to pay the corresponding Management and advertising Fees and applicable Taxes.

Chez recommends that Chefs take out adequate insurance for the Service provided to the Diner. Please carefully review the applicable insurance policy, and in particular ensure that you are aware of and understand any exceptions and reductions that may apply to such insurance policy, including, without limitation, whether or not it covers actions or inactions by Diners during the Service.

The Chef will be responsible for generating an invoice to the Diner for the total amount paid. Chez will then send the Chef an invoice for the management fees.

You acknowledge and agree that you must issue the corresponding invoice to the Diner in order for the corresponding payments to be processed.

5.1.2. Specific conditions for the Diner.

As a Diner, you may book a Service through the Platform by following the corresponding booking process. Upon receipt of a Booking confirmation by email from Chez, a legally binding contract is formed between the Diner and Chef, subject to any terms and conditions agreed between the parties.

Chez will facilitate full payment for the service, including all associated fees. Chez will be responsible for sending the Chef the agreed price for their services as agreed between the Chef and Chez.

If you book a Service on behalf of several people and one of them is a minor, you declare and guarantee that you are legally authorized to act on behalf of the minor. Minors can only participate in a Service if they are accompanied by an adult who is responsible for them.

In any case, the consumption of alcohol by minors under 18 years of age is expressly prohibited and it will be the exclusive responsibility of the guardians or parents who accompany them to comply with said prohibition or any other that may be applicable to the consumption of any drink, food or substance applicable in the country where the service is provided.

5.2. Management and advertising fees

Chez will charge Management and advertising fees for the use of the Platform, always calculated as a percentage based on the price set by the Chef in his Offer. This percentage will always be visible to the Chef when establishing the Price of his Offer, and prior to sending it. Management fees will be charged at the time of confirming the Reservation.

The methods for calculating Management fees, VAT or applicable taxes will vary depending on the geographic location of the Service and the applicable legislation at any given time.

5.3. Rounding

You acknowledge and agree that Chez may, at its sole discretion, round up or down Management fees.

5.4. Methods of payment and repayment of the Shared Cost Amount to the Chef.

5.4.1. Authorization to collect

By using the Platform as a Chef, you grant Chez authorization to collect the amount corresponding to the Management and Advertising Fees on your behalf and in your name.

Consequently, after the Diner's Reservation, Chez collects the total amount paid by the Diner. The amount corresponding to the Chef Fee received by Chez will be transferred to the Diner at the time specified below.

You acknowledge and accept that none of the aforementioned amounts received by Chez on behalf of the Chef give rise to the right to the collection of interest. You agree to respond with due diligence to any request from Chez, and in general, to any competent administrative or judicial authority, especially in relation to the prevention of money laundering. Fundamentally, you agree to provide, upon request, any evidence of your address and/or identity that may be useful. In the event of a lack of response to such requests, Chez may take the measures it deems necessary, such as freezing the amounts paid and/or suspending your Account.

5.4.2. Payment of the Chef's Fee

After the Service, Users will have a period of 24 hours from the moment the Service has ended to file a claim with Chez regarding the Service. In the absence of a claim from the Users during this period, Chez must consider the Service confirmed and executed to the satisfaction of the Diner.

From the moment of this express or tacit confirmation, you, as a Chef, will have a credit in your favor to be credited to your Account. This credit corresponds to the total amount paid by the Diner at the time of confirming the Reservation after having deducted the Management and advertising costs corresponding to Chez.

The payment order in the name of the Chef will be sent on the second business day after the execution of the Service (provided that Chez has the Chef's bank information and is not pending proof of the issuance of the corresponding invoice).

6. Cancellation policy

6.1. Payment refund conditions in case of cancellation

The cancellation of a Service will be subject to the following:

In the event that the cancellation is made by the Chef, the Diner will be refunded the total amount paid.

In the event of cancellation by the Diner:

If the Diner cancels the Service more than 30 days in advance, the Diner will be entitled to a full refund of the reservation, except for what is stated in the last paragraph of this section 6.1.

If the Diner cancels the Service more than 8 days and less than 29 days before the time set for the Service, the Diner will be entitled to a refund of 50% of the total Price (according to the definitions described in point 2) paid.

For his part, the Chef will receive 50% of the Chef Fee (according to the definitions described in point 2).

In any case, the Chef and the Diner will have the option to reschedule the reservation with the same chef in the next 90 days, in which case no refund or penalty will be made to either the Chef or the Diner.

If the Diner cancels the Service less than 7 days before the time set for the Service, no refund will be made to the Diner. The Chef will receive the Chef Fee set in his Offer, and Chez will be charged the Management Fees.

Chez will assess, at its discretion and according to the information available, the legitimacy of the refund requests, taking into consideration the deadlines described.

In the event that a refund is appropriate, in any case Chez will retain 3% of the total service fee corresponding to non-refundable bank service fees and commissions.

6.2. Claim periods

In the event that the Diner wishes to make a claim regarding a contracted Service, he/she must contact Chez within 24 hours following the date and time scheduled for the execution of the Service.

Once this period has passed, if the object of the Diner's claim is a request for a refund of the amount paid for the contracting of the Service for any reason or defect in its execution, even when said reasons or defects are not the responsibility of the Diner, and provided that the Service has already been paid to the Chef, the claim will be denied.

6.3. Right of withdrawal

In accordance with the provisions of Article 103 a) of the General Law for the Defense of Consumers and Users, the Diner will not have the right to withdraw from the moment of delivery of the Booking Confirmation, provided that the Contract between the users of the platform and Chez, consisting of putting the Chef and the Diner in contact, has been fully executed.

Please note that Chez, as an advertising and management platform, ends its services at the moment it puts a Diner in contact with the services offered by a Chef for a specific place and date.

All of this, without prejudice to the rights that the Diner may have against the Chef.

7. Behavior of the people who visit the Platform and the Users

7.1. Commitment of all people who visit the Platform

All users acknowledge that they are solely responsible for complying with all laws, regulations and obligations applicable to the use of the Platform.

(i) not to send Chez (especially when creating or updating your Account) or other Users of the Platform false, confusing, malicious or fraudulent information;

(ii) not to speak or behave, or publish any content on the Platform that may be defamatory, libelous, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist or xenophobic in nature, that has sexual connotations, incites violence, discrimination or hatred, or that encourages illegal activities or the use of substances or more generally that is contrary to the objectives of the Platform and that may infringe the rights of Chez or a third party, or that may be contrary to good morals;

(iii) not to infringe the rights and not to damage the image of Chez, especially with regard to its intellectual property rights;

(iv) not to open more than one Account on the Platform and not to open an Account on behalf of a third party;

(v) not to attempt to circumvent the Platform's online booking system, mainly by trying to send your contact information to another User to make the booking outside the Platform in order to avoid paying the Management Fees;

(vi) not to contact another User, through the Platform, for any purpose other than defining the conditions of the Private Chef Service;

(vii) not to accept or make payment outside the Platform;

(viii) to comply with these GTC and the Privacy Policy.

7.2. Chef Commitments

When you use the Platform as a Chef, you agree to:

(i) comply with all laws, regulations and codes regarding the activity of private chef, especially to have civil liability insurance in force at the time of performing the Service;

(ii) check that your insurance policy covers the services offered in each Offer sent to the Client;

(iii) not to assume any risk during the execution of the Service, nor consume any product, drug, alcohol or substance that may negatively affect your attention and the due diligence required by the activity of the Service;

(iv) to execute the Service according to the description of the Offer and to respect the times and places agreed with the Diner;

(v) to use utensils in good condition, complying with all legal regulations on the matter, especially those relating to hygiene;

(vi) to use raw materials in perfect condition, which comply with the sanitary requirements required by the current legislation applicable to the matter;

(vii) to comply with the legal regulations regarding the transportation of food, and especially those relating to respect for the cold chain;

(viii) not to send any Offer to those Requests that you are not going to execute personally;

(ix) to ensure that the Diners can contact you at the telephone number registered in your profile

(x) not to have any contraindication or medical incapacity to carry out the activity of the Service;

(xi) behave appropriately and responsibly during the Service, in accordance with these GTC.

7.3. Diners' Commitments

When you use the Platform as a Diner, you agree to:

(i) notify the Chef of any change or modification regarding the conditions of the service agreed on the Platform. In the event that, once the Chef and service appropriate to the diner's needs have been chosen, there are modifications in the number of diners, the quality or type of food or any other variable of the service that impacts the price, the diner must notify Chez of said change in price, providing the final price paid for the service. All of this, before the date agreed for the provision of the service;

(ii) ensure that the Chef can contact you at the telephone number and email registered in your profile;

(iii) communicate to Chez, or to any Chef who requests it, your identity document or any other document that proves your identity;

(iv) inform the Chef of any relevant information that he/she should be aware of regarding the movable and immovable property that he/she must use/occupy during the Service, especially in the case of countertops, walls, glass, ceramic cooktops or any other equipment that may be damaged during the execution of the Service;

(v) provide the Chef with the dishes, glassware, cutlery and other utensils that are necessary to carry out the Service;

(vi) wait for the Chef at least 30 minutes after the agreed time. This 30-minute period shall be understood as the minimum courtesy time that the Diner must endure as a delay for the Chef to come and provide the service.

In the event that you have made a Reservation on behalf of third parties, in accordance with the provisions of the previous Article 4.2.3, you guarantee that said third party will respect the conditions established in said Article and, in general, these GTC. Chez reserves the right to suspend your Account, limit your access to the Services or terminate these GTC in the event of non-compliance by the third party on whose behalf you have booked the Service in accordance with these GTC.

8. Account suspension, access limitation and termination

You may terminate your contractual relationship with Chez at any time, free of charge and without giving any reason. To do so, simply go to the “My Account” section and select “Delete Account”.

In the event of (i) your breach of these GTC, including, but not limited to, your breach of your obligations as a User, (ii) exceeding the limit set out above in Article 4.3.3, or (iii) in the event that Chez considers it necessary to protect its security and integrity, that of Users or third parties, or for the purposes of fraud prevention, investigations or avoiding reputational damage, Chez, without the need to justify any reason, reserves the right to:

(i) terminate the GTC that binds you to Chez immediately and without prior notice; and/or

(ii) prevent the publication of, or delete any opinion, message, content, Reservation request or any content that you have posted on the Platform; and/or

(iii) limit your access to and use of the Platform; and/or

(iv) temporarily or permanently suspend your Account.

9. Personal data

In the context of your use of the Platform, Chez will collect and process your personal information. By using the Platform and registering as a User, you acknowledge and agree to the processing of your personal data by Chez in accordance with applicable law and the provisions of the Privacy Policy.

10. Intellectual property

10.1. Content posted by Chez

Subject to the content provided by its Users, Chez is the sole owner of all intellectual property rights relating to the Service, the Platform, its content (in particular texts, images, designs, logos, videos, sound, data and graphics) and the software and databases that ensure its operation.

Chez grants you a personal, non-exclusive and non-transferable right to use the Platform, for your personal and private use, and in accordance with the purpose of the Platform and these GTC.

It is strictly prohibited to use or exploit the Platform, including its content, for any purpose other than that intended without prior written consent from Chez. Specifically, the following is strictly prohibited:

(i) reproducing, modifying, adapting, distributing, publicly performing and disseminating the Platform and all its content, except with the express prior authorization of Chez;

(ii) decompiling and reverse engineering the Platform, except for the exceptions stipulated by the applicable texts;

(iii) extract or attempt to extract (in particular by using data mining robots or similar data gathering tools) data from the Platform, beyond what is essential to carry out the service.

10.2. Content posted by the User on the Platform

In order to enable the provision of the Services, and in compliance with the purpose of the Platform, you grant Chez a non-exclusive and indefinite license to use the content and data that you have provided in the context of the use of the Platform (hereinafter referred to as the “Content developed by the User”).

In order to enable Chez to distribute via the digital network and in compliance with any communication protocol (in particular the Internet and mobile networks) and to be able to offer the content of the Platform to the public, you authorize Chez to reproduce, represent, adapt and translate the Content developed by the User throughout the World and for the entire duration of your contractual relations with Chez, in accordance with the following:

(i) you authorize Chez to store and reproduce all or part of your Content developed by the User on any digital recording medium, known or unknown, in particular on any server, hard drive, memory card, social network or other equivalent medium, in any format and by means of any process, already known or unknown, to the extent necessary for any storage, backup, transmission or download operation related to the operation of the Platform and the provision of the Service;

(ii) you authorize Chez to adapt and translate your User-Developed Content, and to reproduce such adaptations in any digital media, known or unknown, set out in point (i) above, in order to provide the Services in different languages. This right includes the option to make modifications to the format of your User-Developed Content in order to respect the graphic design of the Platform or to make your Content technically compatible with our software for subsequent publication through the Platform.

11. Chez's Function

The Platform constitutes an online platform on which Users can both request and offer private chef services through Requests and Offers accordingly.

By using the Platform and accepting these GTC, you acknowledge that Chez is not a party to any agreement entered into between you and other Users.

Chez has no control over the behavior of its Users and the users of the Platform. It does not operate, supply or manage any of the services included in the Offers, and does not offer chef, cook, catering or similar Services on the Platform.

You acknowledge and agree that Chez does not control the validity, veracity or legality of the Offers sent/received. In its role as an online meeting place for Chefs and Diners to connect, Chez does not offer any gastronomic service nor does it act as a supplier. Chez's role is limited to facilitating access to the Platform and connecting Diners and Chefs for which it charges the Chef a Management Fee (see 5.2).

Users (Chefs or Diners) act under their sole and total responsibility both during the provision of the service and in the use of the Platform.

In its capacity as owner of the Platform, Chez will not be held liable for any incident that occurs during a Service, in particular in relation to:

(i) erroneous information communicated by the Chef in his Offer, or by any other means, regarding the Service and its conditions;

(ii) the cancellation or modification of a Service by a User;

(iii) the behavior of its Users during, before or after the Service.

12. Operation, availability and functionalities of the Platform

Chez will try as far as possible to maintain the constant operation of the Platform 7 days a week and 24 hours a day. However, it is possible that access to the Platform may be temporarily suspended, without prior notice, for technical reasons, maintenance, migration or update operations, or due to power outages or restrictions related to the operation of the network.

In addition, Chez reserves the right to modify or suspend in whole or in part access to the Platform or its functionalities, at its discretion, either temporarily or permanently.

13. Modification of the GTC

These GTC and the documents incorporated by reference form the entire agreement between you and Chez in relation to the use of the Platform. Any other documents mentioned on the Platform (FAQs, for example) are for indicative purposes only.

Chez may modify these GTC to adapt them to its technological and commercial environment, and to comply with applicable legislation. Any modification made to the GTC will be published on the Platform indicating the date of entry into force, and you will receive notification of such change before it enters into force.

14. Legal notice

The Platform is published by Chez STHLM, a limited company, a Swedish entity with registered office at Skeviksgatan 14A, 13431 Gustavseberg. The website is hosted on the servers of Chez STHLM.

For any questions, you can contact Chez using the contact form available on the website.

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