General Terms and Conditions of VielfaltMenü GmbH for customers (consumers)

Current version, valid since 21.11.2024

1. general

1.1
VielfaltMenü GmbH is a company with its registered office in Berlin and its business address at Oberlandstr. 13-14, 12099 Berlin (“Company”). The Company operates restaurants and canteens in various facilities, such as companies, schools, kindergartens, daycare centers and others (“Restaurants”). In addition, the Company operates an app available in the Google Playstore and the Apple Appstore (“VielfaltMenü”) (collectively referred to as the “App”) and the website www.vielfaltmenue.com (“Website”), which enables customers to view menu plans and nutritional information for the food consumed in the restaurants, top up payment cards, make payments, retrieve invoices and pre-order food.

1.2
These GTC apply exclusively to consumers, in particular legal guardians who order meals for their children or employees who independently order meals for themselves in the restaurants (collectively referred to as “customers”).

1.3
The provisions of these GTC may be amended by the company at any time, provided that such amendments are based on objective reasons and the customer is not unfairly disadvantaged, whereby such amendments shall be announced on the website and by email (to the email address last provided by the customer) at least 30 days before they come into force. If the customer does not object to the validity of the new GTC within this period, the new terms of use shall be deemed to have been accepted. The company shall inform the customer of the significance of the 30-day period, the right of objection and the legal consequences of silence in a suitable form.

2. scope of services app and website

2.1
Customers can access the current menu plan and optional information about the nutrients and allergens contained in the dishes online via the app and the website.

2.2
The app and the website allow customers to top up credit on the payment card and pay in the designated restaurants via the app or website. In addition, corresponding meals can be pre-ordered via the app and the website. The current credit balance can be called up and topped up at any time under “Credit”. In addition, completed transactions and invoices can be viewed.

2.3
If the customer is an employee who wishes to dine in a company restaurant, they will generally receive the payment card from the relevant employer. This may also be the regular employee card. The respective employer is liable for the functionality of the payment card. If the customer is a parent or legal guardian who wishes to order food for their child, identification is carried out using a transponder instead of a payment card. The transponders are sent to the customer by the company after registration on the VielfaltMenü website and can then be used by the respective child in the restaurants.

2.4
The company provides the weekly menu plan in the app and on the website on a weekly basis without obligation.

2.5
The app’s systems are secured against theft and/or attacks by hackers and viruses using state-of-the-art measures.

3. creation of a customer account

3.1
To use the app and the website, the customer must register and accept these General Terms and Conditions. Use is only permitted from the age of 18.

4 Conclusion of contract, commencement of contract

(App use and website use)

4.1
The contract to enable the use of the app and the website between the company and the customer (hereinafter “contract”; together “contracting parties”) is concluded as follows:

Completion of the registration form and acceptance of these GTCs by the customer does not constitute a contract, but represents an offer by the customer to the company to conclude a contract with the customer. When the customer account is activated by the company, a contract is concluded between the customer and the company in accordance with these GTC (= acceptance).

4.2
The customer has no right to conclude a contract with the company. The company reserves the right not to activate the customer’s account without giving reasons.

5 Contract duration and termination

5.1
The contract is concluded for an indefinite period.

5.2
The customer can terminate the contract at any time without giving reasons by deactivating the customer account under “Settings – Contact request”. It may take 5 working days for the termination to take final effect. If the termination is effective, the customer will be notified by email. The termination of this contract for the use of the app is in no way connected with the use of the payment function via the payment card. This means that the functions of the app and website will no longer be available after termination of the contract, but the payment card will continue to be fully functional and operational.

5.3
The customer can withdraw any credit remaining on the payment card using the corresponding function on the website.

6. charging function

6.1
Customers can top up credit in the app or via the website and pay for food and drinks in the designated restaurants via the app and the website.

6.2
The customer can top up their credit in the customer account or top up their payment card via the app or the website. There are therefore two options for payment: (1) the credit function of the app/website via QR code or (2) the payment card to which credit has been loaded.

6.3
The Company uses specialized payment service providers such as PAYONE GmbH (“Partner”) to top up the credit balance and for the subsequent payment process. The Company has no connection with the payment function and therefore accepts no liability for any losses incurred in the course of and/or as a result of payment processing. The partners’ data protection notices apply to such data processing by the partners.

7. ordering process (pre-orders)

7.1
By completing the food ordering process in the app or on the website by clicking on the “Buy now” button (or a similar clear button), the customer submits a binding offer to the company to conclude a contract for the collection of the selected food in a defined restaurant. The company accepts the offer after completion of the order with confirmation by sending the pick-up or QR code.

7.2
When using the app or the website, the customer selects the location at which he/she wishes to use the respective offer of the company.

7.3
The ordering process in the app or on the website takes place in the following steps: In step one of the ordering process, the customer first selects the restaurant (if not done automatically by the settings in the profile), the day and time, as well as the desired item and quantity. Then, under the “Check and send” tab, there is an option to check the shopping cart, in which changes can still be made. The next step is to select the payment method. Payment is processed via a third-party payment service provider such as PAYONE. The customer’s order is confirmed electronically by the company by sending the QR code. The company also sends a confirmation of the transaction and the collection code (QR code) to the email address provided.

7.4
Meals are collected by the customer or the customer’s child from the selected restaurant at the selected time on presentation of the QR code.

8 Cancellation of the order

8.1
The customer can cancel their order in accordance with the agreed cancellation deadlines. Cancellation is generally possible up to 7 days before the agreed collection of the meal. The exact deadlines for the respective meals can be viewed via the respective customer account.

8.2
Cancellation is no longer possible free of charge after expiry of the cancellation deadlines specified in the profile.

9. right of withdrawal for consumers

9.1
The customer may not revoke the order for food from the company if it concerns the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the customer as a consumer is decisive or which are clearly tailored to the personal needs of the customer (§ 312g para. 2 no. 1 BGB) or which can spoil quickly or whose expiry date has been quickly exceeded (§ 312g para. 2 no. 2 BGB) or which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (§ 312g para. 2 no. 3 BGB) or if it concerns the delivery of food and beverages which are intended for immediate consumption (§ 312g para. 2 no. 9 BGB).

9.2
For the part of the order that does not fall under the above-mentioned exclusions, the customer is entitled to a right of withdrawal if the customer is a consumer within the meaning of Section 13 BGB.

9.3
In these cases, you have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days and begins from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. To exercise the right to cancel, you must inform Vielfaltmenü GmbH – Oberlandstr. 13-14 – 12099 Berlin, E-Mail: servicecenter@vielfaltmenue.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

9.4
Consequences of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

9.5 Sample withdrawal form

To VielfaltMenü GmbH, Oberlandstr. 13-14, 12099 Berlin; e-mail: servicecenter@vielfaltmenue.com

I/we (*) hereby revoke

– the contract concluded by me/us (*) concerning

– the purchase of the following goods (*)/the provision of the following services (*)

– Ordered on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Date

_____________________

(*) Delete as appropriate

10. rights of use of the app and website

10.1
By registering and accepting these GTC, the customer receives a non-exclusive, non-sublicensable, non-transferable right to use the app and website, including the content that can be accessed via the app and website, for the duration of the use of the app and website during the term of the contract in accordance with these GTC.

10.2
All rights under these GTC are granted to the customer on the condition that the law applicable at the customer’s location (“local law”) permits the use of the app. If the use of the app is not permitted under local law, the company may block the customer’s access to the app and exclude the customer from further use.

10.3
The company or other customers of the app may provide links to third-party websites and content that can be accessed there. The respective website operators are solely responsible for the linked content; the company has no influence on this content or on the rights to this content.

10.4
Access to and use of certain content may require the conclusion of further agreements for the respective content.

10.5
Once proper registration of the customer has been confirmed by the company and the customer accepts these GTC, the customer can use the app and the website.

10.6
The granting of the rights of use is conditional on compliance with these GTC. In the event of a breach of these GTC by the customer, the rights of use to the app and website, including the content provided, shall lapse.

11. customer obligations

11.1
The customer may only use the content of the app and website for its own purposes and may not make it available to the public beyond this, unless the company expressly permits this.

11.2
The customer is responsible for maintaining the confidentiality of the password and the activities that take place under the password and the customer account. He must inform the company immediately of any unauthorized use of the password and the customer account as well as any other security breach of which he becomes aware. The data for the customer account must be provided completely and correctly and must always be kept up to date.

11.3
The customer is obliged to use the app and website only lawfully in accordance with these GTC and in compliance with the applicable law.

11.4
It is not permitted to provide, publish, license, sell or otherwise commercially exploit the app or access to the website to third parties for a fee or free of charge.

11.5
It is not permitted to modify, adapt, translate, create derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of the App and the Website. Legal rights remain unaffected, in particular the customer’s right to decompile the app in order to obtain the information required to establish interoperability with other programs, unless the company makes this information available to the customer on reasonable terms.

11.6
The customer is prohibited from modifying, copying, reproducing, publishing, uploading, posting, transferring, renting, selling, licensing or otherwise making available any content that can be accessed via the app and the website, in whole or in part, without the express permission of the company. Existing rights to the customer’s own content remain unaffected.

11.7
Without prejudice to any other statutory or contractual rights, in particular the right to terminate for cause, the Company may, at its reasonable discretion, take one or more of the following measures if there are factual indications that a Customer has breached these GTC or the applicable Supplementary Terms and Conditions, unless the Customer is not responsible for the breach:

a) Change or delete content,

b) Warning a customer,

d) Temporary blocking and

e) Exclusion of a customer with future effect.

12. liability

12.1
The liability of the company and its vicarious agents for culpably caused damages is excluded unless the damage was caused by intent or gross negligence; this does not apply to damages resulting from injury to life, limb or health, for guaranteed characteristics, in the case of fraudulently concealed defects or the culpable breach of essential contractual obligations, i.e. such obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (so-called cardinal obligations).

12.2
In the event of a breach of material contractual obligations which is not due to intent or gross negligence, the Company’s liability shall be limited to the damage which the Company foresaw as a possible consequence of the breach of contract when concluding the contract or should have foreseen, taking into account the circumstances which it knew or should have known.

12.3
The provisions of the Product Liability Act remain unaffected.

12.4
Any exclusion of liability dealt with in the above paragraphs also applies to the personal liability of all employees and workers as well as to all employees and workers of companies commissioned by the company in the course of the fulfillment of the contract.

13. warranty

13.1
The statutory warranty provisions apply.

13.2
Continuous, error-free operation and permanent usability are not guaranteed by the company. Temporary disruptions to accessibility may occur during maintenance work, among other things. The company is not liable for any resulting damages incurred by the customer, such as due to incorrect or delayed transmission, incorrect, incomplete or altered content or removed data.

14 Applicable law, place of jurisdiction

14.1
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer as a consumer has his habitual residence in another country within the European Union at the time of the conclusion of the respective contract, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law made in sentence 1.

14.2
The place of jurisdiction for disputes arising from or in connection with these terms and conditions is the courts of Berlin if the customer is not resident in Germany.

15. final provisions

15.1
Should individual provisions of these GTC be or become invalid, this shall not affect the remaining content of the GTC. The invalid provision shall be replaced by a provision that is legally valid for consumers and comes closest to the economic purpose of the invalid provision. This applies mutatis mutandis to the filling of loopholes.

15.2
Amendments, supplements and ancillary agreements to these GTC must be made in writing to be effective. This also applies to any agreement to deviate from this formal requirement. In the event of contradictions between these GTC and deviating written agreements between the contracting parties, the provisions of the deviating agreements shall take precedence.

15.3
The European Commission’s online dispute resolution platform is available at http://ec.europa.eu/odr. The company is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

16. additional conditions for the app

Apple

16.1
These Terms of Use are agreed exclusively between the customer and the company and not with Apple. Apple accepts no responsibility for the app, but is entitled to take action against the customer in the event of a breach of these terms of use.

16.2
The Company grants the Customer the right to use the App exclusively on iOS products owned or operated by the Customer and to the extent permitted by the App Store Terms of Use.

16.3
Apple is in no way obliged to provide maintenance and support services in relation to the App.

16.4
Apple assumes no responsibility for the investigation, defense, settlement or discharge of any claim of infringement of intellectual property rights of any third party.

16.5
Apple is under no obligation to respond to claims by Customer or third parties relating to the App or their ownership and/or use of the App. This includes, but is not limited to, the following claims: (a) product liability claims; (b) claims alleging that the App violates applicable legal or regulatory requirements; and (c) claims under consumer protection or similar laws.

16.6
If the App fails to conform to any applicable warranty, the Customer may notify Apple and Apple will refund the purchase price of the Application to the Customer, if applicable. To the extent permitted by law, Apple makes no other warranty with respect to the App.

16.7
Apple and its subsidiaries are third party beneficiaries of these Terms of Use and are therefore entitled (and deemed to have accepted) to enforce these Terms of Use against the Customer upon acceptance of the Contract.

Google

16.8
These terms of use are agreed exclusively between the customer and the company and not with Google. Google assumes no responsibility for the app.

16.9
Google is in no way obliged to provide maintenance and support services in relation to the app.

16.10
The customer may reinstall the app as many times as they wish, unless the app is removed from the Google Play Store by the company or Google. If the app is completely removed from the Play Store, the customer no longer has the right or option to reinstall it.