General T&C Order Management
General Terms & Conditions for End Users of Order Management
1. SUBJECT MATTER OF THE CONTRACT
1.1. orderbird GmbH, Ritterstraße 12 in 10969 Berlin ("orderbird") offers an internet-based service for the catering industry to make ordering and payment as easy as possible for end customers ("order management"). With order management, visitors can save waiting times and place their orders easily. Order management can be used in various catering areas and enables both an efficient QR code ordering system and orders for delivery or collection (ordering from anywhere). In addition, order management can also be used to order non-food items such as merchandise.
1.2. These General Terms and Conditions ("GTC") apply to the use of order management by customers who use the orderbird services described below to place orders with catering establishments ("Establishments") ("End Customers"). Separate General Terms and Conditions apply to the relationship between orderbird and businesses.
1.3. orderbird merely assumes the role of an intermediary between the End Customer and the Establishment. orderbird is not responsible for the offer and/or the contract between the End Customer and the Establishment. Additional general terms and conditions of the business may apply to the contractual relationship between the end customer and the business.
1.4. There is no entitlement to the use of order management.
2. SERVICE DESCRIPTION
2.1. Order management makes it possible to place orders ("orders") for products and services of the participating company ("offers"). This can include, at the choice of the business:
2.1.1. Pre-orders of food for collection by the end customer
2.1.2. Orders for food for delivery by the business
2.1.3. QR code ordering system for food, i.e. ordering in the establishment via the order management system
2.1.4. Room service in the hotel industry
2.1.5. Ordering non-food items for delivery or collection (without payment via the order management system)
2.2. With the exception of non-food items, ordered offers can also be paid for directly via the order management system using various online payment services.
3. VERTRAGSSCHLUSS BEI LEBENSMITTELN
3.1. If an end customer places an order for food via order management by clicking on the "Order subject to payment" button at the end of the order process and the order is subsequently confirmed by order management, a contract is concluded with the company for the production of the selected offer. Depending on the service selected, the contract is also concluded for the delivery, collection or in-house handover of the food ordered.
3.2. If the ordered offer is no longer available or if the end customer cannot be reached in response to queries from the business or if the end customer has provided incorrect contact details, in particular an incorrect or non-functioning telephone number, the business can cancel the order (if necessary also via orderbird) and thereby withdraw from the contract. Clause 6.3 shall apply accordingly to the refund.
4. NON-FOOD ARTICLES
4.1. Non-food items such as merchandise can also be ordered via the order management system if the company offers this service.
4.2. The provisions contained in these GTC shall apply accordingly insofar as they are applicable to non-food items and no deviating provisions exist.
4.3. For non-food items, however, orderbird only acts as an intermediary for the order. Therefore, the contract for non-food items is only concluded when the end customer collects the respective product from the business or it is handed over to him by an employee of the business. This means that, in deviation from section 3, a contract is only concluded at this point in time.
CONTACT INFORMATION, ACCEPTANCE OF THE ORDER, AGE VERIFICATION
5.1. The end customer must provide correct and complete payment details and contact information. The end customer must be available to the company and orderbird under this contact information after placing the order, in particular in order to be informed about the progress of his order. The end customer must immediately report any errors in his contact and/or payment details to the company and orderbird so that the order can be properly executed.
5.2. If delivery has been agreed, the end customer must be present at the specified delivery address to accept the delivery. If collection by the end customer has been agreed, the ordered offers must be collected at the collection time selected in the order process or specified by the company/orderbird. Any deterioration in the quality of the food due to late collection shall be borne by the end customer.
5.2. If alcoholic beverages or other products with an age restriction have been ordered, the business must request age verification from the end customer upon delivery or collection. If age verification is not possible, the establishment must refuse to hand over the products in question to the end customer. The end customer may be charged cancellation costs in the amount of the purchase price (excluding VAT) for the products concerned, unless the end customer can prove that the damage is lower.
6. DEALING WITH INCORRECT ORDERS
6.1. If the end customer places an incorrect or non-serious order, in particular by providing incorrect contact information, insufficient payment or by not collecting the ordered offers, or if the end customer fails to fulfil its obligations under the respective contract in any other way, orderbird is entitled to refuse future orders from this end customer.
6.2. If there is reasonable doubt as to the accuracy or seriousness of the order or the payment data or contact information provided, or if the business wishes to cancel the contract for other objective reasons, orderbird may reject the order and cancel the contract on behalf of the business.
6.3. If an order that has already been paid for is cancelled, orderbird shall transfer the amount to the same account or via the same payment service to the same recipient from which the order was paid for. This does not apply if the end customer has deliberately provided incorrect contact details or does not collect the order and the business has executed the order, as a result of which the business has incurred costs.
7. INFORMATION ON OFFERS
7.1. Offers that can be ordered via order management are based on the information that orderbird has received from the business. This information is also published on behalf of the business. orderbird does not check the accuracy or completeness of the information and is not responsible for the fulfillment of the contract.
7.2. The business may use ingredients and additives for food and drinks that may cause allergies and intolerances. It is recommended to contact the establishment in advance regarding any existing food allergies.
8. RIGHT OF WITHDRAWAL
8.1. The right of withdrawal set out below applies to distance selling contracts in which businesses and end customers (as consumers) have used exclusively means of distance communication such as email or order management to initiate and conclude the contract.
However, if the contract is not concluded exclusively using order management, the right of withdrawal does not apply. This applies in particular in the case of the non-food items mentioned in section 4, where the contract is only concluded when the items are handed over in person.
8.2. Likewise, a contract cannot be revoked if it concerns the delivery of goods
8.2.1. which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (Section 312g (2) No. 1 BGB);
8.2.2. which can spoil quickly or whose expiry date would be quickly exceeded (§ 312g para. 2 no. 2 BGB);
8.2.3. which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (Section 312g (2) No. 3 BGB);
8.2.4. if they have been inseparably mixed with other goods after delivery due to their nature (§ 312g para. 2 no. 4 BGB).
The end customer is entitled to a right of withdrawal for the part of the order that does not fall under the above-mentioned exclusions, insofar as the end customer is a consumer within the meaning of § 13 BGB.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken or has possession of the goods.
To exercise your right of withdrawal, you must inform us orderbird GmbH, Ritterstraße 12 in 10969 Berlin, +49(0)30 208 983 098, [email protected], by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. 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.
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 refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
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.
End of the withdrawal policy
Sample withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it to us).
To orderbird GmbH, Ritterstraße 12, 10969 Berlin, [email protected]
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
(*) Delete as appropriate.
9.1. If a contract is concluded between the company and the end customer, a payment obligation arises for the end customer at the same time.
9.2. The end customer can fulfill this payment obligation by using an online payment method provided in the order process or by paying cash upon delivery or collection or in-house handover.
9.3. The business has authorized orderbird to accept online payments from the end customer on behalf of the business.
9.4. In the event of cancelations or other refunds, the refund shall be made immediately using the payment method provided by the end customer for the payment.
10.1. If the end customer wishes to make a complaint about an offer or an order, this must be made to the company. orderbird is not responsible for the actual execution of the contract by the company.
10.2. If the end customer wishes to make a complaint about orderbird's services, this should be sent to [email protected].
10.3. The European Commission provides a platform for online dispute resolution (ODR platform). This platform can be found at http://ec.europa.eu/odr. orderbird expressly excludes alternative dispute resolution in accordance with Directive 2013/11/EU. The e-mail address of orderbird is [email protected].
10.4. orderbird is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
11. EVALUATIONS OF THE BUSINESS
End customers can rate the performance of the business in order management. These evaluations must be written objectively and may not contain any illegal content or pure defamation of the business. orderbird otherwise reserves the right to remove evaluations at its reasonable discretion.
12. LIMITATION OF LIABILITY
12.1. orderbird is not liable for the offer, the correctness and completeness of the information provided by the company, nor for the execution of the contract by the company. Likewise, orderbird is not liable for breaches of duty by the end customer.
12.2. orderbird is only liable in accordance with the following provisions; any further liability is excluded:
12.2.1. orderbird is liable without limitation for damages caused intentionally or through gross negligence by orderbird, its legal representatives or executive employees, as well as for damages caused intentionally by other vicarious agents; for damages caused through gross negligence by other vicarious agents, liability is determined in accordance with the regulations for slight negligence set out below in section 12.2.4.
12.2.2. orderbird is liable without limitation for damages caused intentionally or negligently by orderbird, its legal representatives or vicarious agents arising from injury to life, limb or health.
12.2.3.orderbird is liable for product liability damages in accordance with the provisions of the Product Liability Act.
12.2.4. orderbird is liable for damages arising from the breach of cardinal obligations by orderbird, its legal representatives or vicarious agents; cardinal obligations are the essential obligations that form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfillment of which the business may rely. If orderbird has breached these cardinal obligations through slight negligence, liability is limited to the amount that was foreseeable for orderbird at the time of performance.
13. RESERVATION OF THE RIGHT TO CHANGE
13.1. orderbird reserves the right to amend or extend these GTC at any time with effect for the future, insofar as this appears necessary and does not unreasonably disadvantage the end customer. In particular, an amendment or addition ("amendment") may be necessary to adapt to a changed legal situation. Recent court rulings are also deemed to be a change in the legal situation. Changes and further developments of orderbird's services may also make it necessary to amend the GTC.
13.2. An amendment must be announced in text form in an appropriate manner at least six weeks before it comes into effect. The notification of the amendment to the GTC is usually made by e-mail, but at least at the end customer's next login.
13.3. The end customer has the right to object to any change to the GTC within six weeks of notification of the impending change and the opportunity to inform orderbird of an objection. In the event of a timely objection, these terms and conditions shall continue to apply. If the end customer does not object to the change within the objection period or continues to use orderbird's services without objection after expiry of the objection period, the change is deemed to have been accepted and becomes part of the contract.
13.4. In connection with informing the end customer of the changes, orderbird shall inform the end customer of the possibility of objection, the deadline and the legal consequences, in particular with regard to a failure to object.
14.1. The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
14.2. The invalidity of individual provisions of these GTC shall not affect the validity of the remaining provisions. This also applies to the validity of the contract between the end customer and orderbird. The invalid provision shall be replaced by the statutory provisions.