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Terms and Conditions of Service


§ 1 General

a) Scope 

These terms apply to business relations between Vertical Food GmbH, Luisenstraße 40, 10117 Berlin, represented by its managing director Beschir Hussain, and the user of this website. Any contradictory or supplementary agreements to these terms do not exist.

b) Agreement

Contract language of this agreement is German and English. In the event of different interpretations, only the German version of the agreement is applicable. 

 

c) Subsequent amendments

Vertical Food GmbH reserves the right to amend the terms of ongoing business relations, if required by statutory law. Subsequent amendments become valid and applicable, if the customer does not object against the changes within six weeks after the notification of change. Vertical Food GmbH shall explicitly inform the user about this procedure and grant them the possibility to object to any changes within this period of time. In the event, the user objects to the changes, Vertical Food GmbH and / or the customer may terminate the agreement extraordinarily.


§ 2 Registration

 

a) Registration

For the full use of the website, the customer must create an account for which they must provide personal information and choose a password. By clicking on the button “sign up“, the customer confirms the accuracy of their data and completes the registration process. Vertical Food GmbH confirms the customer’s successful registration via e-mail.  Each customer may register only once and is obliged to provide true and accurate information. The registration may also be completed via social sign up (Facebook). Customers may also register during the ordering process by checking the box “create account“. In this case, Vertical Food GmbH confirms the customer’s registration via e-mail and sends a temporary password to the user, which they may change on the website after logging in. Customers shall keep their password confidential and not disclose it to third parties. Accounts may not be transfered to other customers or third parties. 

b) Login via Facebook

Customers may log in through their existing facebook user account by clicking on “Facebook Login“. In this case, customers will be forwarded to www.facebook.com, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA, (“Facebook“). For the use of facebook services, their data protection and conditions of use apply.

c) Contract

A contractual agreement comes into effect through the website of Vertical Food or an individual agreement (offer and acceptance). The presentation of the dishes on the website is non-binding. The ordering process on the website consists of three steps: First, the customer selects the dishes they want to order by adding them to the shopping cart. Second, the customer gets an overview of the order details and the respective prices before they click on “proceed to payment“. Third, the customer enters their delivery address and selects a payment method. During the same step, the customer receives a full overview of their order and delivery address, which they can correct in case of inaccuracies, before clicking on “Place order now“ and confirming the order. By confirming the order, the customer makes a binding offer to Vertical Food GmbH, which it immediately receives online and accepts or rejects (orally or in written form) within a few minutes. When Vertical Food GmbH accepts the order, a contract between Vertical Food GmbH and the customer comes into effect.

d) Storage of contract

The contract is stored by Vertical Food GmbH but not fully accessible online for the customer. Upon acceptance of the contract by Vertical Food GmbH, the customer receives the contract (order data, terms, and customer information in written form).

e) Orders

Customers may order through the website or in person during the opening hours of Vertical Food GmbH. Incoming orders are processed chronologically as far as no operational requirements require a different procedure. 

f) Cancellation

Customers may cancel their order. The cancellation of an order is free of charge as long as the order has not been forwarded to the respective kitchen. In case the order is cancelled after it has been forwarded to the kitchen, the customer shall pay a cancellation fee which equals the gross order value.

g) Coupons

Coupons issued by Vertical Food GmbH are considered to be non-binding offers. Vertical Food GmbH reserves the right to adjust coupons with a wrong nominal value or declare them as invalid, if Vertical Food GmbH did not make the statement in full knowledge.

 

§ 3 Delivery

 

a) General

Vertical Food GmbH delivers to selected business areas, which are defined by postcodes, unless it has explicitly confirmed to deliver the order beyond its business areas.

b) Part deliveries

Vertical Food GmbH reserves the right to fulfill part deliveries, if it is reasonable for the customer and they do not incur additional costs.

c) Delays

Vertical Food GmbH shall not be liable for delivery delays due to extraordinary events or reasons it cannot control or prevent (e.g. strikes, transport delays, failure of or incorrect supply). In such cases, the delivery time shall be extended by the time the event delayed the delivery of the order.

d) Withdrawal

In the event of supply inaccuracies, Vertical Food GmbH reserves the right to withdraw from the contract. In this case, it shall immediately inform the customer about the unavailability and refund payments that have already been made by the customer.

e) Exclusion of delivery
Vertical Food GmbH does not deliver to P.O.B.

f) Default in acceptance

Should the customer fail to accept the order in time, Vertical Food GmbH shall be entitled to withdraw from the contract and claim damages due to delay. This shall also apply, if the delivery fails due to unmet responsibilities of the customer (e.g. defective door bell). The damages equal the gross value of the order. The risk of accidental loss or deterioration of goods shall pass to the customer at the time the delivery was agreed upon.

 

§ 4 Payment

a) Prices and delivery fees

All prices include value added tax (gross prices). Delivery fees are charged additionally.

b) Payment options

Payment options include cash on delivery (COD), PayPal, Sofortüberweisung and Credit Card. For COD payments, Vertical Food GmbH reserves the right to not accept 200 EUR and 500 EUR notes.

c) Right of retention

Customers can assert a right of retention only from such counterclaims that were due for payment and result from the same contractual relationship as those of its obligations.

§ 5 Right of revocation with respect to distance contracts
According to §312 g paragraph 2 No. 9 BGB, the right of revocation for customers does not apply to distance contracts, which deal with the delivery of food and beverages for a specific date and time.

§ 6 Reservation of title
Vertical Food GmbH retains title of the delivered goods until the total price of the order has been paid to Vertical Food GmbH.

 

§ 7 Warranty

a) Warranty claim

Statutory warranty rights exist, which however only apply to the quality of the order. Deviations in anesthetic characteristics of the order shall not be subject to warranty.

b) Transfer of risk

The risk of accidental loss or deterioration of goods shall pass to the customer at the time of the delivery.

c) Notification

Customers are requested to notify Vertical Food GmbH in case the delivered goods are damaged or the delivery performance is of poor quality. Customers are neither obliged to do so nor are their warranty rights affected in case of a missing notification.

d) Subsequent performance

Customers have the right to choose between a subsequent order improvement or replacing the initial order with a new one should the order fulfillment performance be deficient. In the event the subsequent order improvement fails twice, customers are entitled to withdraw from the contract or request a reduction from the purchase price.

e) Minor deficiencies 

In the event of minor deficiencies, customers shall be entitled to a reduction of the purchase price, but not have the right to withdraw from the contract.

f) Damages

Vertical Food GmbH shall only be liable for damages of goods that have been caused by intent or gross negligence. Vertical Food GmbH is not liable for damages caused by improper use or handling. This exclusion shall neither affect the liability of Vertical Food GmbH under the German Product Liability Act nor its liability for injury to any person’s life, body or health.

g) Warranty towards corporates

The following terms apply with regards to corporates: In the event of deficiencies in the order, Vertical Food GmbH shall be entitled to choose between a subsequent order improvement or replacing the initial order with a new one. The risk of accidental loss or deterioration of goods shall pass at the time the goods are handed over to the carrier. Warranty claims shall lapse within one year starting from the time of the risk transfer.

h) Duty of complaints

Corporates must inform Vertical Food GmbH about obvious deficiencies immediately; otherwise the assertion of the warranty claim is excluded. Corporates shall bear the burden of proof for all claim requirements, in particular those for the deficiency itself, the date of detection, and the time Vertical Food GmbH was notified about the deficiency. 

 

§ 8 Liabilities

a) Disclaimer

Vertical Food GmbH as well as their statutory representatives and operational agents are only liable for intent or gross negligence. If essential contractual obligations have been violated, Vertical Food GmbH shall also be liable for slight negligence. The liability of Vertical Food GmbH is confined to the foreseeable damage that occurs in a typical case.

b) Haftungsvorbehalt

The disclaimer shall neither affect the liability of Vertical Food GmbH under the German Product Liability Act nor the company’s liability for injury to any person’s life, body or health.

§ 9 Closing remarks

a) Place of jurisdiction

The exclusive competent court of jurisdiction for all disputes arising out of or in connection with these terms shall be Berlin.

b) Choice of law

German law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.

c) Severability clause

If any term of this agreement is invalid or unenforceable, the agreement shall remain valid and applicable except for the part declared as invalid or unenforceable.