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Terms and Conditions

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§ 1 Applicability

(1) These General Terms and Conditions for users apply to the OFFICECHEFS service. By placing a booking, the user agrees into a contract with the provider of meals or the organizer of an event for the delivery or execution of the offer selected by the user. OFFICECHEFS is not responsible for the offer and/or the contract between the user-buyer and the user-seller.

 

(2) These Terms and Conditions apply together with other Terms and Conditions (such as the Privacy Notice) on the OFFICECHEFS website and with agreements concluded directly between OFFICECHEFS and third parties, such as event organizers.

 

§ 2 Registration

By submitting the registration, the user is automatically assigned to a workspace. This workspace can be changed at any time by the user's them self or in the event of a change of a new sign to a new coworking space. OFFICECHEFS will send the user a confirmation of registration by e-mail. With the confirmation email from OFFICECHEFS, the account is created and the user has the option to use the app under these terms and conditions.

 

§ 3 OFFICECHEFS

(1) OFFICECHEFS is a digital service that allows users to offer, sell and buy meals prepared by amateur chefs but also from restaurants or the coworking space itself to and from people at their coworking spaces through a system to which access is limited to a group. In addition, events will be offered through the OFFICEHCEFS app, whereby users can book and participate in the events using their user account.

 

(2) The actual contract for the sale of meal portions is made directly between the user-seller and the user-buyer, and all meals are purchased with the understanding that they are prepared by non-professional cooks. However, OFFICECHEFS cannot be held liable or responsible for meals and food safety information.

 

(3) The user-sellers set the prices themselves. OFFICECHEFS provides guidance on the general price level, but does not determine the price. The pricing of sold meals by armatures are should  not have any profit-making function. The defined and paid price should only cover the material costs for the meal offered by user-seller. OFFICECHEFS also has no influence on the prices of upcoming events. These are determined and set by the organizer alone.

 

(4) Any advice we provide as part of our services, such as pricing, listing, food safety, packaging and sourcing, is for informational purposes only and the user may choose to follow it or not. The enforcement of this advice, made possible by appropriate features, is the sole responsibility of the user. Any liability of OFFICECHEFS - due to non-compliance with the advice - is excluded to the extent permitted by law, regardless of the legal grounds on which the damages are claimed.

 

(5) OFFICECHEFS does not control and does not guarantee:

 

  • the quality or safety of the items for sale,

 

  • the truthfulness or accuracy of the contents,

 

  • the offers made by the users or coworking spaces,

 

  • the delivery of the meals traded,

 

  • Collective orders placed through the app with third-party vendors (e.g., food service providers) and

 

  • the implementation and content of events

 

This applies regardless of OFFICECHEFS' obligation to reimburse in the event of non-delivery of meals.

 

(6) Events are displayed on behalf of third parties. By participating in an event, a contractual relationship is established between the user and the organizer of the event. However, invoicing takes place exclusively in the relationship between OFFICECHEFS and the user.

 

§ 4 Use of OFFICECHEFS

(1) OFFICECHEF services are NOT suitable for use by:

 

  • Users with food allergies. OFFICECHEFS as well as users of OFFICECHEFS services are neither responsible nor liable for the health and safety of users with known or unknown food allergies who, through false or inaccurate information, use OFFICECHEFS the services.

 

  • OFFICECHEFS is a platform for amateur cooks. Users are not entitled to claim that the meals offered are prepared according to the conditions prescribed for a restaurant. We reserve the right to delete the user account in case of violation of this condition.

 

(2) In connection with the use or access to services, the following is excluded in particular:

 

  • Violation or circumvention of laws, regulations, third party rights or policies.

 

  • The use of our services if you are unable to enter into legally binding contracts in particular if you are under 18 years of age or are indefinitely excluded from the use of our services

  • The non-delivery of food portions sold by you, unless you have a valid reason for it

 

  • The publication of unfounded reviews of the meals offered or false, inaccurate as well as misleading content

 

  • The spreading of viruses, malware, or other technologies that may harm the interests of users

 

(3) If you misuse our Services in any way or fail to pay any fees for our services in full by the due date, or if it is apparent that you are unable to pay them, we may, in our sole discretion and without limiting other remedies, restrict, suspend or immediately terminate your User Account and access to our Services. Similarly, we may restrict, suspend or immediately terminate your user account and access to our services if, despite our reasonable efforts, we are unable to verify or authenticate the information you provide.

 

(4) Groups can be created by users within the app. OFFICECHEFS has no influence on the formation of groups and does not fulfill any admin function. OFFICECHEFS also has no influence on the communication within these groups. If unacceptable content is published in these groups, OFFICECHEFS reserves the right to delete the groups and/or the corresponding user account. Any misconduct can be reported using the contact details provided below (§ 12 Identity of the provider).

 

§ 5 Payment, terms of purchase and pricing

(1) Registration is free of charge for users.

 

(2) At the time of the contract conclusion in accordance with the provisions of these Terms and Conditions for users, a performance obligation arises on the part of the user-buyer towards the user-seller. The user-buyer can fulfill this payment obligation by using an online payment method (Stripe /Swish) via the platform. By using these payment methods, you are also bound by the Terms and Conditions provided by Stripe/Swish. Stripe: https://stripe.com/de/legal; Swish: https://www.swish.nu/.

 

(3) For each transaction, OFFICECHEFS will charge a transaction fee. OFFICECHEFS reserves the right to adjust transaction fees for its services at any time with effect for the future.

 

(4) Terms for the user-buyer:

When you purchase one or more meals from OFFICECHEFS, you specifically agree to the following rules:

 

  • You are responsible for reading the complete item list before ordering a meal.

 

  • You enter a binding contract to purchase a meal when you complete an order.

 

  • Your payment will be processed by OFFICECHEFS in accordance with the Payment Terms and you agree to them as a user of the Services.

 

  • When ordering meals for another person, you are responsible for any food sensitivities of the other person if they are not apparent to the Seller at the time of ordering. The liability of the user-seller and OFFICECHEFS is excluded in this regard. The user-seller and OFFICECHEFS shall also not be liable for any disputes arising from the order placed by a buyer on behalf of others. Likewise, OFFICECHEFS cannot be held liable for the execution as well as the content of any events.

 

(5) Terms for the user-seller:

If you sell food portions on the OFFICECHEFS App, you agree to the to the following rules:

 

  • The food is prepared in accordance with local legal requirements. OFFICECHEFS does not take any responsibility for the quality of the meals.

 

  • Offers are to be uploaded completely and correctly.

 

  • You are obligated to have all ordered portions ready for delivery/collection at the specified date and time at the specified location. In case of non-compliance with this obligation, OFFICECHEFS reserves the right to withhold payment and return it to the seller. Likewise, OFFICECHEFS is entitled to delete your account until further notice.

 

  • The payment of the meals prepared by you in accordance with the payment terms.

 

  • OFFICECHEFS is not responsible for the tax regulation and compliance with any legal requirements, in particular in relation to profits generated by the sale of meals or by the offering and execution of events.

 

§ 6 Privacy of other users

Users agree not to use personal information about other users collected through interactions and general activities on OFFICECHEFS or collect such information for any other commercial profit. You may not share, sell, rent, or distribute a user's information to third parties for purposes unrelated to the Services. In addition, you may not use User Information for marketing purposes, whether electronically or otherwise.

 

§ 7 Liability

(1) OFFICECHEFS assumes no liability for the offered meals and events posted by third parties. The following liability regulations apply exclusively to OFFICECHEFS and not to the possible misconduct of the user or third parties.

 

(2) OFFICECHEFS is liable for damages and reimbursement of futile expenses in the sense of
§ 284 BGB (hereinafter "damages") for breach of contractual or non-contractual obligations only

 

  • in the event of intent or gross negligence;

 

  • in case of negligent or intentional injury to life, body or health;

 

  • due to fraudulent concealment of a defect or the assumption of a quality or durability guarantee;

 

  • in the event of negligent or intentional breach of material contractual obligations, i.e. obligations which make the performance of the contract possible in the first place and on whose observance the user may regularly rely.

 

  • on the basis of mandatory liability under the Product Liability Act.

 

(3) However, damages for breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless caused by intent or gross negligence or based on liability for injury to life, body or health or based on the assumption of a warranty as to quality or durability.


(4) Any further liability for damages than provided for in this § 7 is excluded - regardless of the legal nature of the asserted claim. This shall apply in particular to claims for damages arising from culpa in contrahendo, from other breaches of duty or from tortious claims for compensation for property damage pursuant to § 823 BGB.

 

(5) As far as the liability for damages against OFFICECHEFS is excluded, this also applies regarding the personal liability for damages of the employees, representatives and vicarious agents of OFFICECHEFS.

 

(6) A change in the burden of proof to the disadvantage of the user is not associated with the above provisions.

 

(7) The provisions of this paragraph shall not apply to the consumer if they are less favorable or invalid under the law of the country in which the consumer has his habitual residence (see § 14 principle of favorability).

 

§ 8 Terms & Termination

(1) The registration is valid for an indefinite period and can be terminated by OFFICECHEFS and the user at any time without notice.

 

(2) Upon termination of the registration, the user's ability to use the OFFICECHEFS services in accordance with these Terms and Conditions of use shall end.

 

(3) Terminations can be declared in text form or directly via the app (e.g. via support@officechefs.com).

 

§ 9 General

(1) If any provision of this User Agreement is found to be invalid, void or for any reason unenforceable, such provision shall be deleted and shall not affect the validity and enforceability of the remaining provisions.

 

(2) OFFICECHEFS may modify these Terms and Conditions at any time. Your continued use of our services after the effective date of these amended terms constitutes your acceptance of these terms. This User Agreement may be amended only by agreement between you and OFFICECHEFS.

 

(3) Changes to the scope of services:

OFFICECHEFS reserves the right to adapt the services and these Terms and Conditions at any time with effect also within the existing contractual relationship to changed technical conditions or regarding further developments of the application, provided that the changes are reasonable for the user. The user will be notified of such changes by means of a message in the app and/or e-mail.
OFFICECHEFS furthermore reserves the right to change the services and these Terms and Conditions in accordance with the provisions of this clause at any time with effect also within the existing user agreement. The user will be notified of such changes by e-mail with a reasonable period of notice before the changes take effect. In the respective notification of change, the user will be informed of his respective right to object and of the consequences of an objection as well as of the omission of an objection. If the user does not object within 30 calendar days from receipt of the e-mail with the notification of change, the changes shall be deemed to have been agreed effectively from the expiry of the deadline.

 

§ 10 Evaluation & Ratings

OFFICECHEFS offers users the opportunity to rate the service. The posted ratings of the user must not have any right-wing extremist, sexist, insulting, defamatory or otherwise illegal content and must not otherwise violate any rights of third parties (including industrial property rights). OFFICECHEFS may publish reviews on the platform and remove them from the platform if the reviews violate the aforementioned categories.

 

§ 11 Processing of personal data

OFFICECHEFS processes personal data relating to the user. The processing of personal data is subject to the provisions of the Privacy Policy. Data protaction notice 

 

§ 12 Identity of the provider

(1) Provider is

OfficeChefs UG

Erbsengasse 10

69469 Weinheim

Phone: +49 (0) 162 23 66 0 99

E-Mail: info@officechefs.com

 

(2) Complaints can be made at the above address.

 

§ 13 Notes on dispute resolution

Unless otherwise required by mandatory law, OFFICECHEFS will not participate in any dispute resolution proceedings before a consumer arbitration board.

 

§ 14 Final provisions

(1) Should any provision of these Terms and Conditions and the further agreements made be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties are obligated to endeavor to replace the invalid provision with a provision that comes as close as possible to it in terms of economic success.

 

(2) The law of the Federal Republic of Germany shall apply to these Terms of Use as well as the entire legal relationship between the user and OFFICECHEFS regarding the use of the application, to the exclusion of German international private law and the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favorability principle).

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