Product Sales & Delivery Terms

1. Seller

Physical Menukits products are sold by Taptop Tech SARL, operating under the Menukits brand. Contact: hello@taptop.lu. Registered office: 117 Val des Bon-Malades, L-2121 Luxembourg, Luxembourg. RCS Luxembourg B308285. VAT LU37550817.

2. Scope

These Product Sales & Delivery Terms apply to purchases of Menukits physical products, including NFC menu cards, NFC stickers, menu stands, printed or branded accessories, replacement items and related physical materials (“Products”). If a Product is bundled with a software subscription, the Menukits Terms of Service also apply to the software component.

3. Product descriptions

Menukits aims to describe Products accurately. Images, dimensions and colours shown online may vary slightly from the delivered Product due to screen settings, manufacturing tolerances, printing processes or product updates. Such minor variations do not constitute a defect where the Product remains substantially consistent with the agreed specification.

4. NFC compatibility and QR fallback

NFC operation depends on the customer’s or guest’s device, operating system, settings, browser and physical placement. Not every device supports NFC in the same way. Where a Product includes or supports a QR code, the QR code is intended as an alternative access method. Menukits does not guarantee universal NFC compatibility with every device.

5. Orders and contract formation

An online order constitutes an offer to purchase. A binding contract is formed when Menukits accepts the order by order confirmation, dispatch confirmation or another clear acceptance. Menukits may refuse or cancel an order before acceptance where a Product is unavailable, pricing is manifestly erroneous, payment cannot be authorised, shipping is unavailable to the requested destination, or the order raises legal or fraud concerns.

6. Prices, VAT and payment

The applicable price is the price shown at checkout or stated in the accepted quotation. The website or quotation will indicate whether prices include or exclude VAT and any delivery, customisation or other charges. For business customers, prices may be presented exclusive of VAT where clearly stated. Payment methods available at checkout may change from time to time.

7. Customisation and customer-supplied materials

For customised Products, the customer is responsible for the accuracy and legality of logos, names, artwork, URLs, QR destinations and other materials it supplies. The customer confirms that it has the rights necessary for Menukits to reproduce those materials for the order. Menukits may reject content that is unlawful, infringing, technically unsuitable or inconsistent with reasonable production requirements.

8. Proof approval

Where Menukits provides a digital proof or design preview, production may begin after customer approval. The customer must carefully verify spelling, URLs, QR codes, artwork, colours and layout. Changes requested after approval may cause additional cost or delay and may not be possible once production has started.

9. Delivery

Delivery methods, estimated delivery times and shipping charges will be shown at checkout or stated in the quotation. Delivery dates are estimates unless Menukits expressly agrees a guaranteed date. Delays caused by carriers, customs, customer approval, incorrect delivery information, force majeure or events outside Menukits’ reasonable control may extend delivery times.

Customers must provide a complete and accurate delivery address and promptly report visible transport damage or missing items. Business customers should inspect deliveries without undue delay and notify Menukits of any apparent issue as soon as reasonably possible.

10. Risk and title

For B2B orders, risk in the Products passes in accordance with the delivery term stated in the order or quotation; if no specific term is stated, risk normally passes on physical delivery to the customer or its designated recipient. Title may remain with Taptop Tech SARL until the relevant invoice has been paid in full to the extent permitted by applicable law.

11. Returns and cancellation — business customers

Unless otherwise agreed in writing, business customers do not have a general contractual right to return correctly supplied, non-defective Products merely because they change their mind. Menukits may voluntarily accept a return of standard, unused stock at its discretion and may apply reasonable return/shipping costs.

Customised, personalised, printed or specially manufactured Products cannot normally be cancelled once production has started and are not eligible for discretionary return unless defective or otherwise required by law.

12. Consumer right of withdrawal — where applicable

If Menukits accepts an order from a natural person acting outside their trade, business, craft or profession, that person may qualify as a consumer. For distance sales, EU/Luxembourg law generally provides a 14-day right of withdrawal, subject to statutory conditions and exceptions. Goods made to the consumer’s specifications or clearly personalised are among the categories that may be excluded from the withdrawal right.

Where consumer withdrawal rights apply, Menukits will provide the legally required pre-contract information, withdrawal instructions and, where necessary, the model withdrawal form. Mandatory consumer rights prevail over any inconsistent term in this document.

13. Defects, warranty and remedies

Customers should notify Menukits at hello@taptop.lu if a Product appears defective, damaged or materially different from the agreed specification. Menukits may request photographs or return of the Product for assessment. Depending on the circumstances and applicable law, an appropriate remedy may include repair, replacement, re-production, price reduction or refund.

Normal wear, misuse, deliberate damage, unauthorised modification, unsuitable installation, damage from cleaning chemicals, heat, moisture or other conditions outside the Product’s intended use are not manufacturing defects.

14. Digital destination and content

The Product may contain an NFC chip or QR code that directs users to a digital destination. Continued functionality of that destination may depend on an active Menukits subscription, account configuration, domain/URL availability or other digital services. Purchase of physical hardware does not create a perpetual right to paid SaaS services unless expressly stated.

15. Liability

Nothing in these Terms excludes liability that cannot be excluded by law. For B2B transactions, and subject to mandatory law, Menukits is not liable for indirect or consequential loss, lost profit, or loss resulting from incompatible devices, customer-provided artwork/URLs, incorrect installation or use outside the stated purpose. Any liability cap in a negotiated commercial agreement will apply where valid.

16. Force majeure

Menukits is not responsible for delay or failure caused by events beyond its reasonable control, including major carrier disruption, natural disaster, epidemic, labour disruption, war, government restriction, material shortage, cyber incident affecting third-party infrastructure, or comparable events, provided Menukits takes reasonable steps to mitigate the impact.

17. Governing law

These Terms are governed by Luxembourg law. For B2B customers, the courts of Luxembourg shall have jurisdiction unless the parties validly agree otherwise. Consumer customers retain any mandatory rights relating to jurisdiction and applicable law that cannot legally be waived.

18. Contact

Questions, defect notices or return requests should be sent to hello@taptop.lu with the order number and sufficient information to identify the Product and issue.

Appendix — Consumer withdrawal form (use only where applicable)

To: Taptop Tech SARL / Menukits, 117 Val des Bon-Malades, L-2121 Luxembourg, Luxembourg — hello@taptop.lu

I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods / for the provision of the following service: ______________________________

Ordered on / received on: ______________________________

Name of consumer(s): ______________________________

Address of consumer(s): ______________________________

Signature (only if this form is notified on paper): ______________________________

Date: ______________________________

Legal references used for this draft

This draft was prepared against the following principal legal sources. The list is not exhaustive and does not replace professional legal advice.

• Directive 2011/83/EU on consumer rights, including the general 14-day withdrawal framework and Article 16 exception for goods made to the consumer’s specifications or clearly personalised.
• Luxembourg Guichet guidance on distance sales to consumers and pre-contract information requirements.
• Luxembourg Law of 14 August 2000 on electronic commerce, including clear price/tax information.

Drafting note: Confirm whether the Menukits shop is strictly B2B. If consumers can buy, checkout wording, withdrawal information, delivery information and statutory guarantees should be reviewed as a complete B2C flow.