GENERAL TERMS AND CONDITIONS FOR USERS
These Terms govern your use of the Platform. Please read these Terms carefully. By accessing and using the Platform, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platform or available by hyperlink. If you do not agree with the Terms, please do not use the Platform.
The Platform may be used by (i) individuals of 18 years old or more and (ii) corporate legal entities, e.g. companies.
If you are below legal age (18 years) you must obtain consent from your parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platform and/or purchase of Goods, or otherwise have legal capacity. If you do not have consent from your parent(s) or legal guardian(s), or otherwise have legal capacity, you must stop using/accessing the Platform immediately.
foodpanda reserves the right to amend these Terms (including our policies and any other terms which are incorporated into these Terms) at any time in accordance with section 23 of these Terms.
If you have any questions, doubts or complaints in respect to these Terms kindly reach out to our customer support via email [email protected] or through our in-app customer support chat feature as available on the Platform, subject to section 27 of these Terms.
Account shall mean the foodpandaaccount opened by you for the use of the Platform.
Affiliates shall mean in relation to Delivery Hero Germany GmbH, any existing and/or future legal entity which directly or indirectly Controls, is Controlled by, or is under common Control with it. For the purpose of this definition, “Control” (including the terms “Controls”, “Controlled by” and “under common Control with”) shall mean: (i) the direct or indirect ownership of fifty percent (50%) or more in the aggregate of the voting power of the equity interest of that entity, (ii) the direct or indirect ownership of fifty percent (50%) or more of the equity interests in that entity; (iii) the direct or indirect ownership of fifty percent (50%) or more of the assets of that entity, (iv) the right to fifty percent (50%) or more of the profits distributed by that entity; and/or (v) otherwise the power, directly or indirectly, to direct substantial management and business policies or decisions of that entity, or the power to veto substantial management and business policies or decisions of any such entity, whether through the ownership of voting securities, by contract or otherwise.
foodpanda, we, us shall mean Delivery Hero Germany GmbH, the company operating the Platform.
Good(s) shall mean prepared meals, non-prepared food and miscellaneous non-food items offered by the Vendors on the Platform.
Intellectual Property shall mean all rights that foodpanda has to any registered or unregistered, trademarks, software (including the Platform), copyright, know-how, trade secret, trade name or similar rights whether it can be protected or cannot be protected by an intellectual property right.
Order(s) shall mean an order for Goods from a Vendor.
Platform shall mean the mobile application “foodpanda” and the website www.foodpanda.de operated by foodpanda in Germany.
Tip shall mean a voluntary amount of money, within the options in the Platform, paid by you intended for the benefit of the rider delivering the Goods.
Vendor(s) shall mean, including but not limited to, third party or affiliated restaurants, supermarkets, grocery shops, pharmacies or any other shop, who have previously contracted with foodpanda their intermediation services, providing all the information of the Goods that are displayed through the Platform (including price, characteristics, and in general all their objective conditions), in their exclusive capacity as producer, supplier and/or vendor, being therefore directly responsible of complying with all the objective characteristics of the Goods that are available on the Platform.
You shall mean all individuals or legal entities accessing and/or placing Orders on the Platform.
2. WHAT WE DO
Through our Platform, foodpandalinks you to the Vendors for you to order a variety of Goods to be delivered to you or, where available, picked up by you from the Vendors’ premises. When you place an Order, foodpanda acts as an intermediary between you and the Vendor, to facilitate, process and conclude the Order and, subsequently for either us or the Vendor to deliver your Order to you or, if available, to be picked up by you.
In addition, your Account on the Platform serves as a payment instrument to pay for Goods offered by a locally limited network of Vendors located within the city limits of Berlin.
3. USE OF THE PLATFORM AND ACCOUNT
3.1 ACCOUNT CREATION AND PASSWORD
3.1.1 You will need to register for an Account for you to use the Platform. When you register for an Account we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. Your password shall not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your Account are your sole responsibility. If you forget your password, you can reset it by clicking on "forgot password?”.
3.1.2 If you have a Facebook, Google or Apple Account you have the possibility to create your Account using the credentials included therein.
3.2 USE OF ACCOUNT TO PAY ORDERS
To purchase an Order, you may use your Account as a payment instrument to give us a payment order to debit one of the payment methods you have opted for as available on the Platform (e.g. credit card). You will be able to store different payment methods for future use. To make a payment order, you need to be logged into your Account with your password. You will give your payment order when clicking “Order and pay”.
3.3 INCOMPLETE, INCORRECT OR MISSING INFORMATION
Subject to section 16 of these Terms, foodpandashall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information. Moreover, you are obliged to maintain this information updated at all times.
3.4 ACCOUNT DELETION
If you wish to delete your Account, please send us an email requesting the same. Subject to section 22 of these Terms we may restrict, suspend or terminate your Account and/or use of the Platform, if we reasonably believe that:
3.4.1 someone other than you is using your Account; or
3.4.2 or discover that you have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platform or unlawful in respect to statutory provisions.
3.5PERSONAL ACCOUNT AND PROHIBITION TO HAVE MORE THAN ONE ACCOUNT
The Account is personal and non-transferable. It is prohibited for a User to register or have more than one Account. In case of breach to the above provision, foodpanda reserves the right to cancel, suspend or disable the Accounts in accordance with section 17 of these Terms, this without prejudice to other legal measures or actions foodpanda might have access to in accordance with applicable law.
4. ACTIVITIES AND CONDUCTS PROHIBITED ON THE PLATFORM
The following is a non-exhaustive list of the types of conduct and/or activities that are illegal or prohibited on the Platform. foodpanda reserves the right to investigate and take appropriate legal action against anyone who, in foodpanda’s sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:
4.1 using the Platform for any purpose in violation of applicable laws or regulations;
4.2 posting any content that infringes the Intellectual Property (as defined in section 14 of these Terms) rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
4.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by foodpanda in its sole discretion or pursuant to local community standards;
4.4 posting content that constitutes cyber-bullying, as determined by foodpanda in its sole discretion;
4.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
4.6 posting telephone numbers or street addresses or other personal information of any person;
4.7 posting URLs to external websites or any form of HTML or programming code;
4.8 posting anything that may be “spam,” as determined by foodpanda in its sole discretion;
4.9 impersonating another person when posting content;
4.10 harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
4.11 allowing any other person or entity to use your identification for posting or viewing comments;
4.12 harassing, threatening, stalking, or abusing any person on the Platform;
4.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Platform, or which, in the sole discretion of foodpanda or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
4.14 encouraging other people to engage in any prohibited activities as described herein.
5. RIGHT RESERVES
foodpanda reserves the right but is not obligated to do any or all of the following (with no limitation to other actions):
5.1 investigate an allegation that any content posted on the Platform does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;
5.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
5.3 monitor, edit, or disclose any content on the Platform; and
5.4 edit or delete any content posted on the Platform, regardless of whether such content violates these Terms.
5.5. in accordance with section 22 of these Terms suspend or terminate your access to the Platform or your Account upon any breach of these Terms;
5.6 cancel any Order and/or suspend, deactivate or terminate your Account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Account and/or with your Order and/or any of the reasons named in section 4 of these Terms.
6.1 PRIOR TO PLACING AN ORDER
6.5.1 You are required to provide the delivery address in order for the Platform to display the Vendors available in your delivery area.
6.5.2 Once you select a Vendor, you will be taken to that Vendor’s menu page for you to select and add your Goods to the cart.
6.2 PLACING AND ORDER
You can only place an Order if you are logged-in in your Account. To complete an Order, follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “Order and pay”. An Order is successfully placed when you receive an email confirmation.
6.3 ORDER PROCESS
When you place an Order on our Platform you are making an offer to the Vendor. The contract is concluded between you and the Vendor after the Vendor accepts your offer. After the conclusion of the contract you will be notified by us by sending you a confirmation by in-app notification or any other means you authorized in your account settings. You will receive your receipt/invoice per email once the Order is delivered to you. In case of a pre-order you will receive your receipt/invoice per e-mail once the Order is placed. Where applicable, Orders will include delivery fees and any applicable tax (e.g. value-added tax etc.). foodpanda will issue the invoice for the Goods and - in case of a Vendor Delivery - for the delivery fee on behalf and in the name of the Vendor. For its own services, foodpanda will invoice you in its own name.
6.3 MINIMUM ORDER VALUE
Some of our Vendors require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.
6.4 SPECIAL INSTRUCTIONS
The Vendor will comply with your special instructions for an Order, if it is feasible, possible and commercially reasonable. The Vendor shall not be responsible to replace or refund an Order which does not conform to special instructions provided by you.
Where information on ingredients or allergens is provided on the Platform, it is provided by the respective Vendor, who is responsible for the accuracy of this information. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Vendor before placing an Order on our Platform via the Vendors’ contact details provided on the Platform in the relevant Vendors’ section. Please note that your Order may be subject to additional terms and conditions provided by the Vendor.
6.6 CANCELING AN ORDER
Please contact us immediately via our in-app customer support chat feature if you wish to cancel your Order after it has been placed. You have the right to cancel your Order provided a Vendor has not yet accepted your Order. In addition, you may be entitled to a right of withdrawal in accordance with section 24, which is not affected by the provisions of this clause.
6.7.1 ONLINE PAYMENT ORDERS
You have the right to a refund for a cancelled Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order.
6.7.2 CASH-ON-DELIVERY ORDERS
You have the right to cancel your Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that you shall forfeit the delivery of your cancelled Order and cash-on-delivery may be removed from your list of available payment methods for your future orders.
7. 1 DELIVERY AREAS
You understand that our Vendors offer their Goods in specific delivery areas and our Vendors vary from delivery area to delivery area. By entering your delivery address on the Platform, you will see the Vendors that we make available to you at that time. Delivery areas may expand, shrink or change depending on different conditions such as: weather, traffic, situations of force majeure, etc.
7.2 DELIVERY TIME
foodpanda shall deliver your Order to the delivery address provided by you. If indicated on the Platform as available, you may choose for your Order to be delivered “ASAP” or scheduled for a specific time (pre-order). An estimated delivery time will be provided to you in your email confirmation as well as on the order tracking page. However, delivery times shall vary depending on factors that are not controllable (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘My orders’ on the Platform. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed. If your Order contains any other Restricted Goods (as this term is defined below in section 9.1) and you are not of legal age, or fail to provide a valid proof of ID, foodpanda reserves the right not to deliver your Order to you, subject to section 7 of these Terms.
7.3 UNSUCCESSFUL OR FAILED DELIVERIES
Without prejudice to any other clauses in these Terms, in cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:
7.3.1 no one was present or available to receive the Order;
7.3.2 customer was uncontactable despite attempts to reach the customer via the phone number provided;
7.3.3 lack of appropriate or sufficient access to deliver the Order successfully;
7.3.4 lack of a suitable or secure location to leave the Order; or
7.3.5 Failed Age-Verification in the case of Restricted Goods, you are not of legal age or delivery person did not deem it safe or appropriate for you to receive the Restricted Goods;
we will contact you via, among others, in-app call or message, or email, to inform the unsuccessful delivery and next steps. In such cases, foodpanda reserves the right to cancel the Order without refund or remedy to you.
7.4 NO-SHOW CANCELLATION
If you remain uncontactable or fail to receive the Order within reasonable time from the time the Order arrives at your delivery address, foodpanda reserves the right to cancel the Order without refund or remedy to you.
7.5 WRONG ORDER, MISSING ITEMS, DEFECTIVE GOODS
Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via our in-app customer support chat feature immediately. In some cases, foodpanda may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.
7.6 VENDOR DELIVERY
In some cases, our Vendors will deliver the Order to you (“Vendor Delivery”). While we will use reasonable efforts to provide prior notice to you on Vendor Delivery, this may not always be possible. Where Vendor Delivery applies, we may ask you to contact the Vendor directly in the event of issues or delays in your delivery. foodpanda shall not be responsible in any way for Orders or Goods that are delivered by Vendors if not provided otherwise in section 16 of this Agreement.
7.7 CONTACTLESS DELIVERY
As one of the delivery options, the customer may select (for some of the offered Goods) contactless delivery (the delivery of the Order to the front door of a specified delivery address without face-to-face interaction for instance). foodpanda shall not be liable for theft, damage, contamination and/or other deterioration of the goods that occur after delivery has taken place.
8.1 PICK-UP PROCESS
Where available as indicated on the Platform, you will have the option of collecting your Order in-person directly from the Vendor’s premises ("Pick-Up") instead of having the Order delivered to You. Your email confirmation will indicate the time for you to Take-Out the Order (“Collection Time”). The Vendor will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the Order for you at the Vendor’s premises for no more than a reasonable period of thirty (30) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to Take-Out your Order within the Holding Time.
8.2 PICK-UP LIABILITY
In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the Vendor before leaving the Vendor’s premises.
9. RESTRICTIONS ON GOODS
9.1 RESTRICTED GOODS
Some of the Goods such as - but not limited to - alcohol, tobacco and pharmaceutical, that the Vendors offer on our Platform may be subject to restrictions for purchase (“Restricted Goods”). These restrictions may include, among others, minimum age requirements for certain products.
9.2 AGE REQUIREMENTS AND PROOF THEREOF
To purchase Restricted Goods, you must be of the statutory legal age. foodpanda, the riders, the Vendor and their delivery riders, as the case may be, reserve the right to:
9.2.1 ask for valid proof of your age (e.g. ID card) upon delivery;
9.2.2 refuse delivery if you are unable to prove you are of legal age; and/or
9.2.3 to ask for a valid medical prescription (in the case of pharmaceuticals);
9.2.4. refuse delivery to any person for any reason whatsoever.
9.3 NO CONTACTLESS DELIVERY
For Restricted Goods there is no “contactless delivery”, “just drop them at the door delivery” or other similar delivery available.
10.1 PRICE AND TAXES
Prices quoted on the Platform by the Vendors are displayed in Euro (€) and are subject to applicable tax.
10.2 DISPLAY OF PRICES
The way we display the prices of the Vendors' Goods may vary depending on the Vendor, and, subject to applicable laws, the prices reflected on our Platform do always include VAT.
A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.
10.4. DELIVERY FEES
Delivery fees are chargeable on every Order unless:
10.4.1 you opt to collect your Order directly from the Vendor (“Pick up”);
10.4.2. you have a valid promotional or discount voucher and apply it at Checkout; or
10.4.3. it is stated otherwise on the Platform.
10.5 PRICE CHANGES
Prices indicated on the Platform are as at the time of each Order and may be subject to change.
10.6.1 Any amounts of deposits on beverage containers will automatically be added to the prices of the Goods. The amount of the deposit will be indicated under the price of the Good before ordering and again be displayed during Checkout.
10.6.2 You can return all containers with returnable deposits to the respective Vendor or any of its affiliated locations, as notified by the Vendor, at any time during the opening hours of such Vendors. However, you cannot give the riders returnable deposits to carry them to the relevant Vendors’ locations.
10.6.3 Respective deposits may be refunded at the Vendors’ premises, subject to the respective Vendors’ terms and conditions.
11.1 PAYMENT OBLIGATION
By virtue of the contract concluded between you and the Vendor on the basis of your Order, you have a purchase price payment obligation towards the Vendor and an obligation to pay a delivery fee to foodpanda or the Vendor, both of which you can fulfill either by using your Account as a payment instrument as described above at Section 3.2 or by Cash-on-Delivery, depending on your choice. When using your Account as payment instrument you may choose from different payment methods as available and indicated on the Platform.
If you have valid promotional or discount Vouchers, you can use these to pay for part or all of your Order as the case may be.
11.3 ADDITIONAL PAYMENT METHODS
foodpanda reserves the right to offer additional payment methods and/or remove existing payment methods at any time at its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future Orders. foodpanda does not store your credit card or payment information.
11.4 PAYMENT RESPONSIBILITY
You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order, if you choose these payment options. Insofar as required, foodpanda takes responsibility for payments made on our Platform including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.
11.6 NO PAYMENT SERVICES
foodpanda does not provide any payment service either to you or to third parties. All online payments are processed via your own issuer / payment service provider and the payment service providers in partnership with foodpanda.
12. VOLUNTARY TIP
The Tip is intended for the riders and cannot be considered as payment for the Goods. foodpanda will therefore only collect the Tip on behalf of the rider. The Tip-function is only available for deliveries made by foodpanda itself or by a company affiliated with foodpanda, but not for Vendor Delivery, as indicated on the Platform.
13. VOUCHERS, DISCOUNTS AND PROMOTIONS
13.1 MARKETING AND PROMOTIONAL CAMPAIGNS
From time to time, foodpanda may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platform (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.
Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.
13.3 EXCLUSIVITY OF VOUCHERS
Unless otherwise stated, Vouchers can only be used on our Platform.
13.4 EXCHANGE RESTRICTIONS
Vouchers cannot be exchanged for cash and they will always be provided gratuitously to you.
13.5 RIGHTS RESERVED
foodpanda reserves the right to void, discontinue or reject the use of any Voucher without prior notice. Individual Vendors’ terms & conditions may apply to the Voucher.
We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you.
13.7 ACTIVITIES AND CONDUCTS PROHIBITED
Regarding the right to receive coupon discount or the right to obtain coupons, resales to and/or any other conducts of delivering or receiving considerations with third parties, in any manner (including in an online flea market), are prohibited. When such conduct or the suspicion thereof has become evident, then foodpanda may implement revocation of the coupons, suspension of foodpanda Accounts of involved parties and/or any actions.
14. INTELLECTUAL PROPERTY
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platform or in our marketing material are the Intellectual Property of foodpanda and/or third parties who have authorised us with the right to use such proprietary rights (collectively the “Intellectual Property”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Intellectual Property in any way without our prior express written consent. The use of our Intellectual Property rights, including but not limited to the foodpanda's trademarks and copyrights to the foodpanda logo on any other website not approved by us is strictly prohibited. foodpanda will aggressively enforce its Intellectual Property rights to the fullest extent of the laws, including criminal prosecution. foodpanda neither warrants nor represents that your use of materials displayed on the Platform will not infringe or constitute a misappropriation of any rights of third parties not owned by foodpanda or its Affiliates. Use of any materials on the Platform is at your own risk.
15. REPRESENTATIONS AND WARRANTIES
You acknowledge and agree that the content on the Platform is provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platform and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While foodpanda makes reasonable efforts to ensure the provision of the Platform and the services we offer, are available at all times, we do not warrant or represent that the Platform shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.
Considering the above, foodpanda is not responsible for any delays, delivery failures, or damage, loss or injury resulting from any problems inherent in the use of the Platform, internet and electronic communications.
16. LIMITATION OF LIABILITY
16.1 foodpanda’s LIABILITY
foodpanda shall be liable for intent and gross negligence in accordance with the law. foodpanda shall only be liable for ordinary negligence if it breaches an essential contractual obligation which exists if: (i) its fulfillment makes the proper execution of the contract possible in the first place; and (ii) you may regularly rely on its fulfillment to engage foodpanda’s services. Also, foodpanda will be liable for ordinary negligence in the event of damage resulting from injury to life, body or health. In the event of property damage and financial loss caused by negligently breaching an essential obligation, foodpanda shall only be liable for foreseeable damage that can typically be expected in the curse of the service provided under these Terms.
16.2 foodpanda’s LIABILITY FOR THIRD PARTIES
The above limitation of liability shall also apply in favour of the employees, representatives, executive bodies and auxiliary persons pursuant to § 278 BGB of foodpanda.
16.3 PRODUCT LIABILITY ACT
Liability under the Product Liability Act or for damages based on the breach of an assumed guarantee shall remain unaffected.
You agree to indemnify, defend and hold foodpanda, its directors, officers, riders, employees, representatives, agents, and Affiliates, harmless from any and all third party claims, liability, damages and/or costs (including, but not limited, to legal fees) arising from your unlawful use of the Platform or your breach of these Terms.
18. THIRD PARTY LINKS AND WEBSITES
The Platform may contain links to other third-party websites, applications or advertisements and by clicking on these links, you agree to do so at your own risk. foodpanda does not control or endorse these third-party websites, links, applications or advertisements and shall not be responsible for the content of these linked pages. Subject to section 17 of these Terms, foodpanda accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third-party links, websites, applications or advertisements.
19. PROHIBITION OF UNAUTHORIZED RESALE, ASSIGNMENT OR COMMERCIAL USE
You agree not to resell or assign your rights or obligations by accepting these Terms. You also agree not to make unauthorized commercial use of the Platform.
20. VENDOR’S LIABILITY AND RESPONSIBILITIES
20.1 VENDOR’S LIABILITY
Subject to section 16 of these terms, foodpanda shall neither be liable for actions or omissions of the Vendor nor you in regard to the provision of the Goods where Vendor Delivery applies to your Order. foodpanda does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct.
20.2 VENDOR’S RESPONSIBILITY
Vendors are responsible for the preparation, condition and quality of Goods and the accuracy or completeness of the information (including but not limited to menu information, photos and images of the Goods) displayed on the Vendor’s listing/offering on foodpandas platform. In cases of Vendor Delivery, Vendors are responsible for delivery of the Goods and/or Orders. Subject to section 16 of these Terms, foodpanda shall not be liable for any loss or damage arising from your contractual relationship with the Vendor.
21. AVAILABILITY OF THE SOFTWARE
You acknowledge and agree that the availability of the Platform is dependent on the third party from which you received the application license, e.g., the Apple iPhone or Android app stores(“App Store”). You acknowledge and agree that this agreement is between you and foodpanda and not with the App Store. Subject to section 16 of these Terms foodpanda, not the App Store, is solely responsible for the Platform, including the mobile application(s), the content thereof, maintenance, support services and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Platform, you must have access to the internet, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Platform. You agree to comply with, and your license to use the Platform is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g. the App Store’s terms and policies) when using the Platform.
You acknowledge and agree that each App Store (and its affiliates) is an intended third-party beneficiary of these Terms and has the right to enforce the terms and conditions of these Terms.
foodpanda has the right to terminate, suspend or delete your Account and your access to or use of the Platform, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if foodpanda, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of these Terms. foodpanda may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Platform.
foodpanda may amend these Terms at any time in its sole discretion. In case of such amendments foodpanda will notify you of the changes to these Terms at least four weeks before they come into effect. If you do not agree with the changes to these Terms, you are entitled to terminate the contract with immediate effect. If you do not exercise this right of termination within four weeks starting with the day following the notification, you will be deemed to have agreed to the changes to these Terms. foodpanda will inform you about your right for termination as well as on the consequences of not exercising this right within the notification of the changes to these Terms.
24. RIGHT OF WITHDRAWAL
24.1 You may not withdraw the order in relation to the Vendor insofar as the delivery of Goods is concerned,
24.1.1 which are not prefabricated and for the production of which an individual selection or determination by you is essential or which are clearly tailored to your personal needs (§ 312g (2) no. 1 BGB);
24.1.2. which can spoil quickly or whose expiry date would be quickly exceeded (§ 312g (2) no. 2 BGB);
24.1.3.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;
24.1.4. if they have been inseparably mixed with other goods after delivery due to their nature (§ 312g (2) no. 4 BGB).
24.2 For the part of the Order that does not fall under the above exclusions, you are entitled to a right of revocation insofar as you are a consumer within the meaning of § 13 BGB. A "consumer" is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature.
24.3 INSTRUCTION ON RIGHT OF REVOCATION
24.3.1 RIGHT OF WITHDRAWAL
22.214.171.124 You have the right to withdraw the contract with the Vendor within 14 (fourteen) days without giving any reason. The withdrawal period is 14 (fourteen) days from the day on which you or a third party named by you, who is not the carrier, have/has taken possession of the goods.
126.96.36.199 In order to exercise your right of withdrawal, you must inform foodpanda (Mauerstr. 79 C, 10117 Berlin, [email protected]) of your decision to withdraw the contract with the Vendor by means of a clear declaration (e.g. a letter sent by post or e-mail). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
24.3.2. CONSEQUENCES OF THE WITHDRAWAL
188.8.131.52 If you withdraw the contract with the Vendor, the Vendor must repay you all payments that they have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 (fourteen) days from the day on which we received the notification of your withdrawal of the contract. For this repayment, the Vendor 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 for this repayment.
184.108.40.206. The Vendor may refuse repayment until they have received the Goods back or until you have provided proof that you have returned the Goods, whichever is earlier.
220.127.116.11. You bear the direct costs of returning the Goods.
18.104.22.168. 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 testing the quality, characteristics and functioning of the Goods.
24.3.3. MODEL WITHDRAWAL FORM
(If you want to withdraw the contract, please fill out this form and send it to us)
- To Delivery Hero Germany GmbH, Mauerstraße 79 C, 10117 Berlin, Germany, [email protected]
- Herewith I/we (*) withdraw the agreement concluded with me/us (*) regarding the purchase of the following goods (*)/ the provision of the following services (*)
- Ordered on (*)/received on (*)
- name of the consumer(s)
- Address of the consumer(s)
- signature(s) of the consumer(s) (only in case of notification on paper)
(*) Delete as applicable.
25. ELIMINATION OF ANTISOCIAL FORCE
You shall represent, warrant and covenant to foodpanda that, during your use of the Platform, you are not an organized crime group, a firm or association affiliated with an organized crime group, or any other anti-social force (collectively, “Anti-social Force”), or are not controlled or affected by an Anti-social Force, and you or your officers and employees are not a member of Anti-social Force.
Without prejudice to any other provisions herein, if you breach this clause, foodpanda has the right to terminate, suspend or delete your Account and your access to or use of the Platform, including any delivery service we provide to you in respect of an Order, subject to clause 22 of these Terms.
26. NO JOINT VENTURE OR PARTNERSHIP
No joint venture, partnership, employment, or agency relationship exists between you, foodpanda or any Vendor as a result of these Terms or the use of the Platform.
27.1 ORDER PERFORMANCE
Your complaints regarding any offer, order or performance of the contract with the Vendor must be addressed with the Vendor directly. The sole responsibility for the Vendor's offer and the fulfillment of the Agreement lies with the Vendor, subject to section 16 of these Terms. You can find the relevant Vendor contact information under the respective order mask.
27.2 foodpanda’s SERVICE
If you have complaints regarding foodpanda’s services, please reach out to our customer support via email under [email protected] or through the HelpCenter in the foodpanda apps and on the foodpanda website.
28. USER REVIEW
You have the opportunity to review the performance of the vendor on our platform. Please note that your review must be free of radical, sexist, insulting, libelous or otherwise illegal content and should not otherwise violate any third party rights (including intellectual property rights). If your review violates these aforementioned criteria, we will remove it.
29. GOVERNING LAW, JURISDICTION AND ONLINE DISPUTE RESOLUTION
29.1 GOVERNING LAW
These Terms are governed by, and must be interpreted in accordance with, the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
29.2 CONTRACT LANGUAGE
The contract language is German.
29.3 ONLINE DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (ODR platform). This platform can be found at http://ec.europa.eu/odr. foodpanda excludes alternative dispute resolution in accordance with Directive 2013/11/EU and is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.