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 headquartered in Berlin with a business address at Oberlandstr. 13-14, 12099 Berlin (“Company”). The Company operates restaurants and cafeterias in various facilities, such as businesses, schools, kindergartens, daycare centers, and others (“Restaurants”). In addition, the Company operates an app (“VielfaltMenü”) available on the Google Play Store and the Apple App Store (collectively, the “App”) and the website www.vielfaltmenue.com (“Website”), which allows customers to view menu plans and nutritional information for the meals consumed at the Restaurants, top up payment cards, make payments, access invoices, and pre-order meals.
1.2 These Terms and Conditions apply exclusively to consumers, in particular legal guardians who order meals for their children or employees who independently order meals for themselves at the restaurants (collectively referred to as “Customers”).
1.3 The Company may amend the provisions of these Terms and Conditions at any time, provided that such amendments are based on objective grounds and do not unreasonably disadvantage the customer; such amendments must be announced on the website and via email (to the email address most recently provided by the customer). If the customer does not object to the validity of the new Terms and Conditions within this period, the new Terms and Conditions shall be deemed accepted. The Company will inform the customer in an appropriate manner of the significance of the 30-day period, the right to object, and the legal consequences of remaining silent.
2. scope of services app and website
2.1 Through the app and the website, customers can view the current menu online and, if they choose, information about the nutrients and allergens contained in the dishes.
2.2 The app and the website allow customers to load funds onto their payment card and pay at participating restaurants via the app or website. In addition, meals can be pre-ordered through the app and the website. The current balance can be viewed and topped up at any time under “Balance.” Furthermore, completed transactions and invoices can be viewed.
2.3 If the customer is an employee who wishes to dine at a company cafeteria, they will generally receive a payment card from their employer. This may also be the employee’s regular ID card. The employer is responsible for ensuring the payment card functions properly. If the customer is a parent or guardian who wishes to order a meal for their child, identification is done using a transponder instead of a payment card. After registering on the VielfaltMenü website, the company sends the transponders to the customer, and they can then be used by the child in the restaurants.
2.4 The company provides the weekly menu in the app and on the website on a non-binding basis.
2.5 The app’s systems are secured with state-of-the-art measures against theft and/or attacks by hackers and viruses.
3. creation of a customer account
3.1 To use the app and the website, the customer must register and accept these Terms and Conditions. Use is permitted only for individuals 18 years of age or older.
4. Contract Formation, Contract Start Date (App Use and Website Use)
4.1 The agreement between the Company and the Customer (hereinafter referred to as the “Agreement”; collectively, the “Parties”) governing the use of the app and the website is entered into 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 enter into a contract with the company. The company reserves the right not to activate the customer’s account without providing a reason.
5 Contract duration and termination
5.1 The contract is entered into for an indefinite period.
5.2 The customer may terminate the contract at any time without providing a reason by deactivating the customer account under“Settings – Contact Request.” It may take up to 5 business days for the termination to take effect. Once the termination is effective, the customer will be notified via email. Termination of this contract regarding the use of the app is unrelated to the use of the payment function via the payment card. This means that while the app and website features will no longer be available after the contract is terminated, the payment card will remain fully functional and usable.
5.3 The customer can have any remaining balance on the payment card withdrawn using the corresponding feature on the website.
6. charging function
6.1 Customers can add credit to their account in the app or on the website and use the app or website to pay for food and drinks at participating restaurants.
6.2 The customer can top up the balance in their customer account or their payment card via the app or the website. There are therefore two payment options: (1) the app/website’s top-up feature using a QR code, or (2) the payment card to which funds have been added.
6.3 To top up the account balance and process subsequent payments, the company uses specialized payment service providers such as PAYONE GmbH (“Partner”). The Company is not involved in the payment function and therefore assumes no liability for damages arising in the course of and/or as a result of the payment processing. The Partners’ privacy policies apply to such data processing by the Partners.
7. ordering process (pre-orders)
7.1 Upon completion of the food ordering process in the app or on the website by clicking the “Buy Now” button (or a similar, unambiguous button), the customer submits a binding offer to the company to enter into a contract for the pickup of the selected food items at a specified restaurant. The Company accepts the offer upon completion of the order by sending a confirmation containing the pickup code or QR code.
7.2 When using the service, the customer selects the location in the app or on the website where they wish to use the company’s respective service.
7.3 The ordering process in the app or on the website consists of the following steps: In the first step of the order, the customer first selects the restaurant (unless this is done automatically based on the settings in their profile), the date and time, as well as the desired items and quantities. Next, under the “Review and Submit” tab, the customer can review the shopping cart and make any changes. In the next step, the customer selects the payment method. Payment is processed through a third-party payment service provider, such as PAYONE. The company electronically confirms the customer’s order by sending a QR code. The company also sends a confirmation of the transaction and the pickup code (QR code) to the email address on file.
7.4 The customer or the customer’s child must pick up the food at the selected restaurant at the selected time upon presentation of the QR code.
8 Cancellation of the order
8.1 The customer may cancel their order in accordance with the agreed-upon cancellation deadlines. Generally, cancellations are permitted up to 7 days before the agreed-upon pickup time for the meal. The exact deadlines for each meal can be viewed in the customer’s account.
8.2 Cancellations made after the cancellation deadlines specified in the profile have passed are no longer free of charge.
9. right of withdrawal for consumers
9.1 The customer may not cancel the food order with the company if the order involves the delivery of goods that are not prefabricated and for whose production an individual selection or specification by the customer as a consumer is decisive, or that are clearly tailored to the customer’s personal needs (Section 312g(2)(1) of the German Civil Code (BGB)) or that are liable to spoil quickly or whose expiration date has been exceeded shortly after delivery (Section 312g(2)(2) of the German Civil Code (BGB)) or that are not suitable for return for reasons of health protection or hygiene, if their seal has been broken after delivery (§ 312g (2) No. 3 BGB) or if the delivery consists of food and beverages intended for immediate consumption (§ 312g (2) No. 9 BGB).
9.2 For the portion of the order that is not subject to the above-mentioned exclusions, the customer is entitled to a right of withdrawal, provided the customer is a consumer as defined in § 13 of the German Civil Code (BGB).
9.3 In these cases, you have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days and begins on the day on which you, or a third party designated by you (other than the carrier), took possession of the last item. To exercise your right of withdrawal, you must notify us, Vielfaltmenü GmbH – Oberlandstr. 13-14 – 12099 Berlin, email: servicecenter@vielfaltmenue.com, by means of a clear statement (e.g., a letter sent by mail or an email) regarding your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, though its use 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 expires.
9.4 Consequences of Withdrawal: If you withdraw from this contract, we must refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees in connection with this refund. 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 occurs first. You must return or hand over the goods to us immediately and, in any case, no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you ship the goods before the fourteen-day period expires. You are responsible for the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that goes beyond what is necessary to inspect their condition, characteristics, and functionality.
9.5 Sample withdrawal form
To VielfaltMenü GmbH, Oberlandstr. 13-14, 12099 Berlin; e-mail: servicecenter@vielfaltmenue.com
I/we (*) hereby withdraw
– the contract I/we (*) entered into via
– 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 Upon registration and acceptance of these Terms and Conditions, the customer is granted, in accordance with these Terms and Conditions, a non-exclusive, non-sublicensable, non-transferable right to use the app and website, including the content accessible through them, for the duration of the app’s and website’s use during the term of the agreement.
10.2 All rights under these Terms and Conditions 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 use of the app is prohibited under local law, the Company may block the Customer’s access to the app and prevent the Customer from continuing to use it.
10.3 The Company or, where applicable, other users of the app may provide links to third-party websites and the content available on those sites. The respective website operators are solely responsible for the linked content; the Company has no influence over this content or the rights to it.
10.4 Access to and use of certain content may require the conclusion of additional agreements for that content.
10.5 Once the Company has confirmed the customer’s proper registration and the customer has accepted these Terms and Conditions, the customer may use the app and the website.
10.6 The granting of usage rights is subject to the condition precedent of compliance with these Terms and Conditions. If the customer violates these Terms and Conditions, the usage rights to the app and website, including any content provided, shall be revoked.
11. customer obligations
11.1 The customer may use the content of the app and website only for his or her own purposes and may not otherwise make it available to the public, unless the company expressly permits it.
11.2 The customer is responsible for keeping the password confidential and for all activities that take place under the password and the customer account. The customer must immediately notify the company of any unauthorized use of the password or the customer account, as well as any other security breach of which the customer becomes aware. The information for the customer account must be provided completely and accurately and kept up to date at all times.
11.3 The customer is obligated to use the app and website only in a lawful manner, in accordance with these Terms and Conditions and applicable law.
11.4 You may not transfer, publish, license, sell, or otherwise commercially exploit the app or access to the website to third parties, whether for a fee or free of charge.
11.5 You may not modify, adapt, translate, create derivative works based on, decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the app. Statutory rights remain unaffected, in particular the customer’s right to decompile the app in order to obtain the information necessary to ensure interoperability with other programs, provided that the company does not make such information available to the customer under reasonable terms.
11.6 Without the Company’s express permission, the Customer is prohibited from modifying, copying, reproducing, publishing, upload, post, transmit, rent, sell, license, or otherwise make available. The Customer’s existing rights to their 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 violated these Terms and Conditions or the applicable supplementary terms, unless the customer is not at fault 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 Company and its agents and vicarious agents shall not be liable for damages caused by negligence, unless such damages were caused by willful misconduct or gross negligence; This does not apply to damages resulting from injury to life, limb, or health; to guaranteed characteristics; to defects fraudulently concealed; or to the culpable breach of material contractual obligations, i.e., obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the contracting party may reasonably rely (so-called cardinal obligations).
12.2 In the event of a breach of material contractual obligations that is not due to willful misconduct or gross negligence, the Company’s liability shall be limited to the damages that the Company foresaw at the time the contract was concluded as a possible consequence of the breach of contract, or that it should have foreseen, taking into account the circumstances of which it was aware or should have been aware.
12.3 The provisions of the Product Liability Act remain unaffected.
12.4 Any exclusion of liability set forth in the preceding sections also applies to the personal liability of all employees and staff, as well as to all employees and staff of companies engaged by the company in connection with the performance of the contract.
13. warranty
13.1 The statutory warranty provisions apply.
13.2 The Company does not guarantee continuous, error-free operation or permanent availability. Temporary disruptions in accessibility may occur, including during maintenance work. The Company is not liable for any resulting damages incurred by the customer, such as those caused by faulty or delayed transmission, incorrect, incomplete, or altered content, or deleted data.
14 Applicable law, place of jurisdiction
14.1 The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. If, at the time the respective contract is concluded, the customer, as a consumer, has his or her habitual residence in another country within the European Union, the application of mandatory legal provisions of that country shall not be affected by the choice of law set forth in the first sentence.
14.2 The courts of Berlin shall have jurisdiction over any disputes arising out of or in connection with these Terms and Conditions, unless the customer is domiciled in Germany.
15. final provisions
15.1 Should any individual provision of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision provided for by law for consumers that is legally enforceable and comes closest to the economic purpose of the invalid provision. This applies mutatis mutandis to the filling of gaps in the provisions.
15.2 Any amendments, additions, or supplementary agreements to these General Terms and Conditions must be in writing to be valid. This also applies to any agreement to waive this requirement. In the event of any conflict between these General Terms and Conditions and any 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 obligated to participate in dispute resolution proceedings before a consumer arbitration board.
16. additional conditions for the app
Apple
16.1 These Terms of Use are agreed upon solely between the Customer and the Company, and not with Apple. Apple assumes no responsibility for the app, but is entitled to take action against the Customer in the event of a violation of these Terms of Use.
16.2 The Company grants the Customer the right to use the app exclusively on iOS products that the Customer owns or operates, and to the extent permitted by the App Store Terms of Use.
16.3 Apple is under no obligation whatsoever to provide maintenance or support services for the app.
16.4 Apple assumes no responsibility for the investigation, defense, settlement, and satisfaction of claims arising from the infringement of third-party intellectual property rights.
16.5 Apple is not obligated to respond to claims made by the customer or third parties in connection with the App or the customer’s ownership and/or use of the App. This applies, among other things, to the following claims: (a) product liability claims; (b) claims based on the allegation that the App violates applicable legal or regulatory provisions; and (c) claims arising from consumer protection or similar laws.
16.6 If the app fails to meet an applicable warranty, the customer is entitled to notify Apple so that Apple may, if applicable, refund the purchase price of the app to the customer. To the extent permitted by law, Apple makes no other warranties with respect to the app.
16.7 Apple and its subsidiaries are third-party beneficiaries of these Terms of Use and are therefore entitled, upon acceptance of the Agreement (and this right is deemed to have been accepted), to enforce these Terms of Use against the Customer.
16.8 These Terms of Use are agreed upon solely between the customer and the company, and not with Google. Google assumes no responsibility for the app.
16.9 Google is under no obligation whatsoever to provide maintenance or support services for the app.
16.10 The customer may reinstall the app as many times as desired, unless the app is removed from the Google Play Store by the company or Google. If the app is completely removed from the Google Play Store, customers will no longer have the right or the ability to reinstall it.