These Terms & Conditions ("Terms") form a binding agreement between you and the operator of VapVap Eats. They govern your access to and use of the VapVap Eats websites and mobile applications and the ordering and delivery services offered through them. Please read them carefully. By creating an account, placing an order, or otherwise using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Platform.
In these Terms, unless the context requires otherwise:
Headings are for convenience only and do not affect interpretation. References to "including" mean "including without limitation". The singular includes the plural and vice versa.
The Platform is operated by Cunucu Tech Solutions Aruba, a company established under the laws of Aruba, trading as "VapVap Eats" (the "Company").
These Terms apply to every use of the Platform and to every Order. Specific or additional terms may apply to certain features, promotions, or to Restaurants and Drivers under separate agreements; where there is a conflict for a specific feature, the specific terms prevail for that feature only. These Terms do not affect any mandatory consumer-protection rights you may have under Aruban law that cannot be excluded or limited by agreement.
By registering an account, ticking an acceptance box, placing an Order, or otherwise using the Platform, you enter into a legally binding agreement on these Terms. You agree that electronic records and confirmations (including in-app confirmations, emails, and order logs) satisfy any legal requirement that a communication be in writing, and you accept that such records are admissible as evidence of the agreement and of your Orders.
You must be at least 18 years of age (or the age of legal majority in Aruba) and able to enter into a binding contract to place Orders. You are responsible for the accuracy of the information in your account, for keeping your login credentials confidential, and for all activity carried out under your account. You must promptly update your details (including your name, telephone number, and delivery address) so that they remain accurate. We may refuse, suspend, or close an account where information is false, incomplete, or used in breach of these Terms.
VapVap Eats provides a technology platform that connects Customers with independent Restaurants and Drivers and facilitates ordering, payment, and delivery logistics. The food is prepared by the Restaurant. Unless expressly stated otherwise, the sale contract for the food is between you and the Restaurant; VapVap Eats acts as intermediary and payment facilitator and arranges delivery. VapVap Eats is not the producer or preparer of the food and does not control a Restaurant's kitchen, recipes, or hygiene practices.
Menu listings are an invitation to order, not a binding offer. When you submit an Order, you make an offer to purchase the selected items at the prices shown. The Contract is formed when the Restaurant accepts the Order (as confirmed through the Platform). We may, on behalf of a Restaurant or on our own behalf, decline or cancel an Order, for example where an item is unavailable, where there is a pricing or stock error, where payment is not authorised, or where we reasonably suspect fraud or misuse. If an accepted Order cannot be fulfilled, we will notify you and arrange a substitution, partial refund, or cancellation of the affected item.
Prices are set by the Restaurants and are displayed on the Platform. The total payable shown at checkout includes the item prices, the applicable service fee, the delivery fee, any applicable Aruban turnover taxes (such as BBO/BAVP/BAZV) to the extent legally required, and any tip you choose to add. Fees may vary by Restaurant, distance, time, and demand, and will always be shown before you confirm and pay. Tips are voluntary and are passed to the Driver.
Payment is taken at the time the Order is placed, through our secure third-party payment processors (including Sentoo and our Credit/Debit card payment processor). By placing an Order you authorise us and our processors to charge your chosen payment method for the full total, including all items, fees, taxes, and tips. VapVap Eats does not store full card details. If a payment is declined, fails, or is later reversed or charged back without valid cause, we may cancel the Order, suspend your account, and take lawful steps to recover amounts owed.
This Section sets out your responsibilities for receiving deliveries and the consequences if an Order cannot be handed over. It is an essential part of the Contract.
You must provide a complete and accurate delivery address and a correct, switched-on, reachable telephone number, together with any access details and delivery instructions a Driver reasonably needs to locate you (street, house or apartment number, neighbourhood, building, gate code, landmarks, etc.). We and the Driver rely entirely on the information you provide. We are not responsible for delays or failed deliveries caused by incorrect, incomplete, outdated, or unclear delivery information, or by an address that is unsafe or inaccessible.
You, or a person you authorise, must be present and reachable at the delivery address during the estimated delivery window to receive the Order. Delivery time estimates are indicative only and are not guaranteed; actual times may vary due to preparation time, weather, traffic, or other factors.
When the Driver arrives at the address you provided, the Driver will attempt to contact you (for example, by in-app message and/or telephone call). The Driver will wait at that location for up to fifteen (15) minutes.
If, after that waiting period and after reasonable and documented attempts to reach you (which may include an in-app message, a call from the Driver, a call from our customer-service team, and/or an email notifying you that the Driver has arrived), you remain unreachable or do not present yourself to take delivery, the Order may be recorded as a No-Show.
Where an Order is a No-Show: (a) the Order will not be redelivered; (b) you remain liable for and will be charged the full amount of the Order, and no refund will be due; (c) the Restaurant and the Driver are paid in full because they have fulfilled their obligations; and (d) for hygiene and food-safety reasons the food may be discarded. We retain the documented contact attempts as a record of the No-Show.
If delivery fails, is delayed, or is left without handover because the information you provided was wrong or incomplete, because your phone was off or unreachable, or because the location was unsafe or inaccessible, the consequences in Section 10.3 apply equally and no refund is due. A request to redeliver to a corrected address, where reasonably possible, may be treated as a new Order subject to a new charge.
If you instruct that an Order be left at a location without handover (for example, "leave at the gate"), you accept the risk of loss, theft, damage, or spoilage from the moment the Order is delivered in accordance with your instructions.
You may cancel an Order free of charge only before the Restaurant has accepted it and begun preparation. Once a Restaurant has accepted and started preparing your Order, it generally cannot be cancelled and the amount is non-refundable, because preparation of made-to-order food has begun.
Under Aruban distance-selling principles, the statutory cooling-off / right of withdrawal does not apply to the supply of food and beverages that are perishable, prepared to order, or intended for prompt consumption. By placing an Order for such items, you acknowledge that you do not have a right of withdrawal once preparation has begun. This does not affect your rights in respect of items that are defective or not as described.
Refunds or credits are granted at our reasonable discretion and are generally limited to genuine problems attributable to VapVap Eats or the Restaurant, for example a missing or incorrect item, or food delivered in an unacceptable condition. Refunds are not provided for matters caused by the Customer, including incorrect or incomplete address details, being unavailable or unreachable, No-Show Orders (Section 10), or a change of mind after preparation has begun.
To report a problem, please contact us promptly and within a reasonable time after delivery through Support or at info@vapvapeats.com. So that we can assess your claim fairly, we may ask for details and supporting evidence such as photographs. Where a refund is approved, it will be made to the original payment method within a reasonable period.
Promotions, discount codes, vouchers, and loyalty rewards are subject to their own specific conditions, may be limited in time or quantity, cannot be combined unless expressly stated, carry no cash value, and may be amended or withdrawn at any time. We may decline, reverse, or recover a discount or reward that we reasonably believe has been obtained through error, misuse, multiple-account abuse, or fraud.
You agree to use the Platform lawfully and in good faith. You must not: submit false or fraudulent Orders, payment details, or disputes; use another person's payment method without authority; abuse, threaten, defame, or harass Restaurants, Drivers, or our staff; misuse promotions; copy, scrape, reverse-engineer, disrupt, or attempt unauthorised access to the Platform; or use the Platform in breach of any applicable law. Breach of this Section may result in cancellation of Orders, suspension or closure of your account, and, where appropriate, recovery of losses and referral to the competent authorities.
Food is prepared by independent Restaurants. While we display the information provided to us, we do not guarantee the accuracy or completeness of menu descriptions, images, ingredient, nutritional, or allergen information. If you have a food allergy, intolerance, or specific dietary requirement, you are responsible for confirming the suitability of an item directly with the Restaurant before ordering. The Platform and services are provided on an "as is" and "as available" basis to the fullest extent permitted by law.
All intellectual property rights in the Platform, including the VapVap Eats name, logo, software, design, text, and graphics, belong to the Company or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Platform for your personal, non-commercial ordering purposes. You may not reproduce, distribute, or create derivative works without our prior written consent.
To the fullest extent permitted by Aruban law, VapVap Eats and the Company, and their officers, employees, and partners, are not liable for indirect, incidental, special, or consequential loss, or for loss of profit, data, or goodwill, arising out of or in connection with your use of the Platform or any Order. Where we are found liable, our total aggregate liability in respect of any Order is limited to the amount you paid for that Order. We are not responsible for the acts, omissions, food quality, or hygiene of independent Restaurants or Drivers beyond our role as intermediary. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under mandatory Aruban law, including liability for death or personal injury caused by our negligence or for fraud.
You agree to indemnify and hold harmless VapVap Eats and the Company from and against any claims, liabilities, losses, damages, and reasonable costs (including legal fees) arising out of your breach of these Terms, your misuse of the Platform, or your violation of any law or the rights of any third party.
We are not liable for any failure or delay in performing our obligations to the extent caused by circumstances beyond our reasonable control, including natural events, severe weather, fire, flood, power or network outages, strikes, governmental measures, public-health events, or the acts of third parties such as payment processors or telecommunications providers.
We process your personal data in accordance with our Privacy Policy and applicable Aruban data-protection law. By using the Platform you acknowledge that personal data necessary to fulfil an Order (such as your name, address, and telephone number) will be shared with the relevant Restaurant and Driver for that purpose.
The Platform relies on third-party services, including payment processors and mapping/location providers. Your use of those services may be subject to their own terms, and we are not responsible for their availability, acts, or omissions.
You may stop using the Platform and close your account at any time. We may suspend or terminate your access, with or without notice, where you breach these Terms, where we are required to do so by law, or where we reasonably consider it necessary to protect the Platform, Restaurants, Drivers, other users, or ourselves. Provisions that by their nature should survive termination (including those on liability, indemnification, and governing law) will continue to apply.
If you are dissatisfied, please first contact us at info@vapvapeats.com so that we have an opportunity to resolve the matter. We aim to acknowledge complaints promptly and to respond within a reasonable period. If a complaint cannot be resolved amicably, it may be submitted to the competent court in accordance with Section 24.
These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by and construed in accordance with the laws of Aruba, including the Civil Code of Aruba (Burgerlijk Wetboek van Aruba). Any dispute that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the competent court of first instance in Aruba (Gerecht in Eerste Aanleg van Aruba), without prejudice to any mandatory rights you may have as a consumer to bring proceedings elsewhere.
These Terms may be made available in English, Dutch, and Papiamento for convenience. In the event of any discrepancy between language versions, the English version prevails, except where mandatory Aruban consumer law requires otherwise.
We may amend these Terms from time to time to reflect changes in our service, technology, or legal requirements. When we do, we will update the "Last updated" date above and, where the changes are material, give notice through the Platform. Changes apply to Orders placed after the changes take effect. Your continued use of the Platform after an update constitutes acceptance of the revised Terms.
VapVap Eats (operated by Cunucu Tech Solutions Aruba)
Email: info@vapvapeats.com
Phone: (+297) 745 8149