Terms & Conditions
1. General, Definitions
1.1 Blattgold-Lieferservice.at, Blattgold-Lieferservice.de, Mamacita.at, Mamacita.de, Mamacita.hu, Mamacita-Burritos.cz, Mamacitaburritos.fi, Clubkitchen.at, Club-Kitchen.de, Bestefreundeburger.at, Bestefreundeburger.de, Gangnamkitchen.at, Gangnamkitchen.de, Holychicken.at, Holychicken.de, Babanoni.at und Babanoni.de are online ordering platforms (hereinafter: “Platform“) for foods and beverages (hereinafter: “Goods“) that are being provided by Delivery Hero HF Kitchens GmbH(hereinafter: “Platform Operator“).
1.2 The platform may only be used by persons over the age of 18 years.
1.3 Contracts concluded using the Platform will only be made between the platform user (hereinafter: “Customer") and the operator of the local Delivery Hero HF Kitchens GmbH store (hereinafter: “Store Operator“), which will deliver to the area where the Customer's specified delivery address is located.
1.4 The Platform Operator solely provides the Platform.
2. Scope of Application
2.1 For the business relationship between the Platform Operator and the Customer and between the Store Operator and the Customer, the following Terms and Conditions apply exclusively in the version valid at the time of the order.
2.2 Any contradictory terms and conditions are hereby explicitly objected.
2.3 Deviating regulations apply only if they have been agreed to individually.
3. Registration and Password
3.1 To place order easily through a Platform, Customers can register on the Platform and choose a password.
3.2 In the case of registration, the Customer is required to keep his password secret and may not disclose it to anyone.
3.3 If the Customer believes that a third party knows his password, he is obliged to change the password immediately or to contact the Platform Operator.
3.4 The Platform Operator reserves the right to delete the registration of the Customer.
4.Conclusion of Contract
4.1 The product range of the Platform constitutes a non-binding invitation to the Customer to order Goods from the store operators via the Platform.
4.2 In order to identify the responsible Store Operator, the Platform Operator requests the Customer to indicate the zip code or name of the city to which the delivery address belongs, or to allow geolocation of its location via its IP address and / or GPS
4.3 Via the button "order by paying" the Customer gives a binding order to buy the Goods in the shopping cart. The order is submitted to the Store Operator
4.4 The Customer then receives an automatic confirmation receipt by e-mail in which the Customer's order is listed again and which the Customer can print out via the "print" function. The automatic acknowledgment of receipt merely documents that the Customer's order has been received by the provider and does not constitute acceptance of the order.
4.5 The Platform Operator forwards orders placed by Customers through the Platform to the Store Operator responsible for the area of the delivery address.
4.6 The contract is only concluded by the submission of the declaration of acceptance by the Store Operator, which is sent by separate SMS or email (order confirmation).
4.7 The forwarding of the order to the Store Operator is at the discretion of the Platform Operator and may be refused in individual cases without stating any reasons. The acceptance of an order by the respective Store Operator is at the discretion of the Store Operator and may be refused in individual cases without stating reasons.
4.8 Contracts for the supply of alcoholic beverages are only concluded with persons over the age of 18 years.
5. Delivery, Product Availability
5.1 The delivery of the Goods is carried out by the Store Operator.
5.2 Specified delivery times are calculated from the time of the order confirmation of the Store Operator, provided that the purchase price is paid in advance (except in case of purchase on account). If no or no different delivery time is specified for the respective Goods on the Platform, this is a maximum of 2 hours.
5.3 Deliveries are made only to the main entrance of the delivery address. The main entrance is the place where the public entrance doorbell is located.
5.4 Alcoholic beverages will only be dispensed to persons over the age of 18 years. A proof of age must be shown to the driver who carries out the delivery before handing over the Goods at the delivery address.
6. Retention of Title
Until full payment, the delivered Goods remain the property of the provider.
7. Prices, Delivery Costs, Deposit
7.1 The price stated in Pound Sterling on the Platform at the time of the order is deemed agreed. This price may be different from the price agreed when ordering by phone or when ordering directly at the Store Operator.
7.2 All prices quoted on the platform are inclusive of applicable VAT.
7.3 The delivery costs are indicated to the Customer in the order form (if applicable) shall be borne by the Customer.
7.4 For beverage packaging in the form of bottles and cans a deposit may incur. The respective deposit amounts are given to the Customer in the order form and are to be borne by the Customer. Bottles and cans can be returned in standard household quantities at the affiliate branches of the Store Operators.
8. Method of Payment
8.1 The Customer can make the payment by direct debit or credit card. Alternatively, the Customer can also pay the Goods in cash to the driver who delivers the Goods to him. In the case of payment by direct debit or credit card, the Customer authorizes the Platform Operator to collect the amount due for the Store Operator. In the case of payment by direct debit or credit card, the Customer ensures that there is sufficient account funds or that the credit limit is not exceeded.
8.2 The payment of the purchase price is due immediately upon conclusion of the contract.
8.3 Offsetting by the Customer shall be excluded if the customer's claim against the respective Store Operator or the Platform Operator is not undisputed or legally established.
9. Extrajudicial Settlement
The European Commission has set up an online dispute resolution portal at the following link: https://webgate.ec.europa.eu/odr/ On this page, consumers can find information on dispute resolution bodies that can resolve disputes with traders also without trial.
10.1 Customer claims for compensation are excluded. This does not apply to claims for damages by the Customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages resulting from intentional or grossly negligent breach of duty by the Store Operator, the Platform Operator or their legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract
10.2 In the case of breach of essential contractual obligations, liability shall only apply to the contractually typical, foreseeable damage, if this was caused by ordinary negligence, unless it concerns claims for damages of the Customer resulting from injury to life, limb or health.
10.3 The limitations of Section 9.1. and 9.2. shall also apply in favor of the legal representatives and vicarious agents of the Platform Operator and the respective Store Operator if claims are asserted directly against them.
10.4 The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.
11. Data Protection
12. Intellectual Property (IP)
This platform contains a number of trademarks and other content (such as text or images) that are protected by law and owned by Delivery Hero HF Kitchens GmbH or its affiliates. All trademarks and other proprietary rights are protected from copying and counterfeiting under national and international law and may not be reproduced, copied or otherwise used without the express written permission of the copyright holder.
13. Involvement of Third Parties
14. Final Provisions
14.1 The law of the Federal Republic of Germany shall apply to contracts between the Platform Provider and the Customer, excluding the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular the state in which the customer as a consumer has his habitual residence remain unaffected
14.2 If the customer is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the Store Operator is the domicile of the provider.
14.3 The contract remains binding, even in the case of legal invalidity of individual points, in its remaining parts. If available, statutory provisions shall replace the ineffective parts of the contract. The same applies in case of a gap in the contract.