Conditions
Terms and Conditions
these conditions
(1) This website (the "Site") and/or the Services, including any related mobile applications (collectively: the "Services") and all offerings and orders for food, beverages and related products from our restaurants and related delivery services ( the "Meal Delivery Services") that we offer through our Site is owned and operated by [insert company name and legal form] (hereinafter also: "we", "us" and "our") . These terms and conditions (“Terms”) set out the conditions under which visitors or users (collectively: “Users” or “you”) may visit or use the Site and/or the Services and place orders.
(2) By accessing or using the services, you agree to the terms and agree to them with binding effect. If you do not agree to all of the Terms, do not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or hiring any food delivery services. These terms tell you who we are, how to place and cancel orders for food delivery and what to do if you have a problem.
(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and the Meal Delivery Services. Minors require parental or legal guardian permission to use the Services or to engage the meal delivery services.
Intellectual Property Rights
Our Services and related content (and any derivative works or enhancements thereof), including but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, Services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein are either owned or licensed by us (collectively, "our Intellectual Property Rights") and none of the language in these Terms grants you rights in relation to our intellectual property rights. Except as expressly provided herein or as required by mandatory law for use of the Services, you acquire no right, title or interest in or to our intellectual property rights. All rights not expressly granted in these Terms are expressly reserved.
Disclaimer of Warranties for Use of the Site and Services
The Services, our intellectual property rights and all information, materials and content related thereto and made available free of charge to users are provided "as is" and without warranties of any kind, express or implied (warranties of fitness for a particular purpose). specific purpose or warranties related to the security, reliability, timeliness, accuracy and performance of our Services, etc.) except for cases of malicious non-disclosure of defects. We do not warrant that Free Services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. This does not affect the warranty for any meal delivery services that you have engaged under the “Meal Delivery Service Warranty” section above.
exemption
You agree to defend and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including but not limited to reasonable attorneys' fees) arising out of or relating to your use of the Site and the Services in violation of these Terms, including but not limited to any use in violation of the restrictions and requirements set forth in the "Acceptable Uses" section, unless such circumstances are not your fault.
Limitation of Liability
(1) We are only liable in the event of intent, gross negligence, negligent injury to life, limb, health or slightly negligent breach of a material contractual obligation, and only in the case of paid services or food delivery services. A “Material Contractual Obligation” means an obligation, the fulfillment of which is a fundamental condition for the proper performance of the Agreement and which you normally rely on and can reasonably rely on. Our liability for slightly negligent breach of an essential contractual obligation is limited to the amount of a customary and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.
(2) The above provisions apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as liability from transactions prior to the conclusion of a contract (culpa in contrahendo). They also apply in favor of our managing directors, executive employees or other legal representatives, employees and vicarious agents.
Changing the Terms and the Services; attitude
(1) We reserve the right, in our sole discretion, to change these Terms from time to time to reflect changes in the law or additional features we may introduce or as we otherwise develop our business. Therefore, you should read these terms regularly and in any case at checkout when you place an order for food delivery services. The new terms will apply to any new order you place after the effective date of the new terms. If any ongoing Services you use are affected by the changes to the Terms, we will do so with due regard to your legitimate interests. We will inform you of such changes well in advance. You will be deemed to have accepted the changes if you do not object to these changes within two months of this notification. We will point this out to you in our notification. If you object to the changes, we have a special right of termination - without any further obligation to you - which will take effect on the effective date of the changes.
(2) We may change the Services, stop providing the Services or one or more feature(s) of the Services offered, or limit the Services. We may terminate or suspend access to the Services ourselves, permanently or temporarily, for any reason and without any further obligation. We will give you sufficient notice in advance where practicable under the circumstances and give due consideration to your legitimate interests in taking such action.
Links to Third Party Sites
The Services may contain links that allow you to leave the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any transmissions received from any linked website. Links to third party websites are provided for informational purposes only. The fact that we have included links to other websites does not mean that we endorse their owners or their content.
Applicable Law
(1) These Terms shall be governed by the laws of the [Federal Republic of Germany] (without regard to conflict of law provisions) and shall be construed accordingly
(2) The European Commission provides a platform for online dispute resolution (OS), which can be accessed at: https://ec.europa.eu/consumers/odr/. Please note that we are under no obligation to resolve consumer disputes through alternative dispute resolution bodies.
VARIOUS
(1) No waiver by either party of any breach or default under these Terms shall constitute a waiver of any prior or subsequent breach or default.
(2) The headings used in these terms are for better understanding only and have no legal significance.
(3) Except as expressly provided otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that that part of the Terms shall be deleted and the remaining Terms shall remain unaffected and in full effect.
(4) You may not assign your agreement with us under these Terms or any or all of your rights or obligations under this Agreement without our prior written consent.
(5) These Terms constitute the entire agreement and supersede any prior written or oral agreements between you and us in relation to the Services and the Meal Delivery Services.
(6) The provisions of these Terms which by their nature are intended to survive such action by us shall survive, including without limitation provisions relating to indemnities, indemnities, disclaimers, limitations of liability and this Miscellaneous Section.
Contact
Schubert & Lechner Gastronomy Operations GmbH
Reznicekgasse 10
1090 Vienna