These General Terms and Conditions (GTC) of Foodolino GmbH, Fröhlichstrasse 48, 5200 Brugg AG, (hereinafter referred to as "Foodolino GmbH") as well as the provisions declared binding by these GTC and recorded next to the GTC, in particular the Privacy Policy, are applicable to the relationship between Foodolino GmbH and the Customers (Ordering Parties) on the one hand and the relationship between Foodolino GmbH and the Restaurants on the other hand.

 

 

The Customer or the Restaurant confirms these GTC each time he logs in to our platform or places or accepts orders. Foodolino GmbH reserves the right to make changes to these GTC at any time and to publish the current version on www.foodolino.ch. Significant changes will be communicated to the Customers/Restaurants within a reasonable period of time before they come into effect. Thereby Foodolino GmbH points out again the possibility of objection. If the Customer or the Restaurant does not object to the validity of the new GTC after this information, the amended GTC shall be deemed accepted.

 

 

 

Agreement:- An agreement between a Customer (Orderer) and a Restaurant via the Platform to order, deliver and/or pick up food, beverages and related products.

 

Customer (Order):- A Customer or Orderer is understood to be a natural person who has reached the age of 18 or a legal entity that places an order in the Restaurant via the Platform.

 

Order:- An order placed by a customer (Orderer) with a restaurant via the Platform.

 

Payment services:- Receiving funds from customers, securing the funds and forwarding the funds to a restaurant, Foodolino GmbH or paying a refund to a customer.

 

Payment:- The payment of the prices for the orders and deliveries.

 

Platform:- The website(s), apps, tools and other facilities of Foodolino GmbH and its affiliates and business partners on which the Service is made available.

 

Ranking:- The ranking of the restaurant as displayed on the platform of Foodolino GmbH.

 

Restaurant:- A business that prepares meals, beverages, and related products and uses the service to execute and pay for the arrangements.

 

Restaurant dates:- Information about the Restaurant, including, but not limited to, company and contact information, general information, product offerings (meals, side dishes, options and beverages, including composition, ingredients and additives of food and beverages and including allergens, nutritional analysis and volume information, if required by law), menus, prices for each product (including VAT), company logo, graphics, domain name, delivery area including postal codes, delivery costs, minimum order quantities, account numbers for invoices and payments, VAT No., opening hours, including intellectual property rights, licenses and legally required information, as well as other details about the restaurant.

 

Restaurant portal:- The online portal that can be accessed after Foodolino GmbH has provided the restaurant with a username and password.

 

Price Guarantee:- The Restaurant's guarantee that the prices on the Platform correspond to the prices charged for the Restaurant's products and services on its own website and menu, including discounts, delivery costs and minimum order values set by the Restaurant.

 

Services:- The services offered to a Restaurant by Foodolino GmbH in connection with the operation of the Platform/Website by Foodolino GmbH with the aim of concluding Contracts. Foodolino GmbH may also offer ancillary services from time to time.

 

Tip:- Amount paid by a customer for the delivery person of the order

 

 

Foodolino GmbH is a company under Swiss law with its registered office at Fröhlichstrasse 48, 5200 Brugg AG, Switzerland, registered in the Swiss Commercial Register under the number CH-400.4.452.664-4, acting on its own behalf and on behalf of a company or person.

 

These General Terms and Conditions for Restaurants refer to the service and payment services offered on the Platform/Website. The applicability of other general terms and conditions, such as those of the Restaurant, is excluded.

 

In addition to these General Terms and Conditions for Restaurants, the General Terms and Conditions for Customers (see below) apply to the use of the Platform/Website by the Customer (Orderer).

 

The Restaurant is solely responsible for the fulfillment of an agreement and esp. the related delivery of the orders to the Customers. Foodolino GmbH is under no circumstances a party to such an agreement. The role of Foodolino GmbH in concluding Agreements is only that of an intermediary on behalf of the Restaurant. Foodolino GmbH, its representatives, employees and auxiliary persons are in no way responsible for the risks associated with the initiation and conclusion of transactions and are in no way liable for any damages that may arise as a result. Foodolino GmbH is not obliged to control the behavior of its customers in connection with the use of the platform.

 

 

Foodolino GmbH provides the Restaurant with the following services on the Platform/Website:

 

 

The prerequisite for registering and logging in as a restaurant on the platform and the related services and website functions as well as for using password-protected areas of the websites (in particular a personal account) is the registration in accordance with the rules as a registered restaurant pursuant to section 4.2.

 

 

The Restaurant registers with Foodolino GmbH by sending a completed registration form to Foodolino GmbH, including all required documents and information. The information to be entered in the registration must be complete and correct at all times, and must in principle include the following: Name of the contact person and furthermore the complete company name (incl. VAT and commercial register number if available). In the event of changes, the Restaurant is obliged to immediately update or have updated the information in the portal or user account so that the information is complete and correct at all times.

 

A contract for the provision of services exists as soon as Foodolino GmbH confirms the receipt of the application and the restaurant application or registration. After accepting and processing a registration, Foodolino GmbH assigns a user name and password to the Restaurant and thus enables access to the Restaurant Portal on the Platform.

 

Foodolino GmbH may refuse an application for registration of a restaurant for any reason. 

 

 

 

The restaurants are obliged to provide Foodolino GmbH with all relevant restaurant data. This includes in particular that the information is complete and correct and clearly contains all required food information, such as information about allergens. The Restaurant will provide additional information related to the Restaurant or the Restaurant's products upon Foodolino GmbH's first request.

 

The Restaurant is obliged to notify Foodolino GmbH of any changes in the Restaurant Data at least fourteen (14) days before they come into force, so that Foodolino GmbH can process the changed Restaurant Data as presented on the Platform or the Restaurant itself can change certain Restaurant Data independently, if the Restaurant has been authorized by Foodolino GmbH for this purpose.

 

 

The Restaurant allows Foodolino GmbH to use and process the Restaurant Data, for example for marketing campaigns, databases, partner platforms or search engines, and grants Foodolino GmbH the right to grant third parties the same rights in relation to the Restaurant Data.

 

 

The Restaurant allows Foodolino GmbH to offer additional services and to charge the Restaurant corresponding fees for them, whereby Foodolino GmbH must inform the Restaurant in advance about offered additional services.

 

 

Foodolino Ltd. is to be informed immediately if a food control authority or any other authority conducts an investigation or establishes an offense of the Restaurant or its employees under the valid Food Act or other laws or regulations.

 

 

The Restaurant is obliged to comply with or apply the Price Guarantee. If the Restaurant violates the Price Guarantee, the difference between the price indicated on the Platform/Website and the price charged outside the Platform will be charged to the Restaurant by Foodolino GmbH and the amount will be refunded to the Customer by Foodolino GmbH in the form of a voucher. Foodolino GmbH in the form of a voucher.

 

 

The restaurant ensures accessibility by e-mail and telephone during restaurant opening hours.

 

 

The Restaurant is obliged to keep the personal password created by them secret at all times and never to disclose or make it accessible to third parties.

 

 

The restaurant is prohibited from offering products on the platform whose offer, sale, delivery or use could violate legal regulations or offend common decency. Foodolino GmbH therefore reserves the right at any time to delete offers and to inform the competent authorities or infringing third parties.

 

 

The Restaurant is obliged to provide truthful, not misleading and not unfair information about the offered product and to provide full information about the details of payment and delivery.

 

 

The restaurant is solely responsible for handling customer complaints regarding the fulfillment of agreements.

 

 

Foodolino GmbH provides the Service for an indefinite period of time from the date of acceptance of the Restaurant's registration by Foodolino GmbH.

 

The Parties may terminate the Service by giving one (1) month's written notice. The Restaurant may terminate the Service only if all payment obligations to Foodolino GmbH are fulfilled. If the Restaurant sends a notice of termination, Foodolino GmbH will set the date from which orders for the Restaurant will no longer be accepted. The Restaurant will fulfill the agreements until all payment obligations to Foodolino GmbH are fulfilled.

 

Foodolino GmbH may suspend the Service and stop payments to the Restaurant if the Restaurant violates any provision of these GTC or damages the good name and reputation of the Platform/Website and/or Foodolino GmbH.

 

 

GmbH Foodolino GmbH may terminate the Services prematurely or immediately if the Restaurants violate the provisions of these GTC, provide false or incomplete data during registration or fail to update them accordingly, receive negative reviews from Customers (multiple times) or publish reviews of its own Restaurant on the Platform (multiple times).

 

 

Any liability of Foodolino GmbH towards the restaurant is excluded to the extent permitted by law. Foodolino GmbH makes all reasonable efforts to ensure the optimal functionality of the platform, but is not responsible for the inaccuracies of the information received by the Restaurant or the Customer through the platform/website and assumes no liability for them. Foodolino GmbH is in particular not obliged to check the offers and other information published by the restaurants on the platform/website and in particular does not assume any responsibility for:

 

Foodolino GmbH is entitled to use all data stored or entered on the Platform at any time and without prior notice to the Restaurants in accordance with the Privacy Policy. In connection with the Agreements, the personal data of the Customers will be disclosed to the Restaurants. Each party is a separate data controller with respect to the personal data processed for its own purposes and by its own means and/or on its respective behalf. This means that both parties are independently responsible for the processing of the personal data, the purposes and means of which they determine (in part) under these T&Cs.

 

When processing this data, Foodolino GmbH must respect high ethical standards and the privacy of restaurants as well as customers. Except for disclosures required or permitted by applicable law to a public authority or judicial body, Foodolino GmbH will not disclose personal data to third parties without your consent. However, Foodolino GmbH reserves the right to disclose your personal data to trusted processors in compliance with all applicable laws and regulations. Furthermore, the privacy policy (for restaurants and customers) applies at www.foodolino.ch. The Restaurant is aware of the Privacy Policy of Foodolino GmbH and complies with this Privacy Policy as well as with the applicable data protection law.

 

Furthermore, the Restaurant will not disclose any personal data of Customers to third parties and will not communicate with Customers except for the purpose of fulfilling agreements.

 

The Restaurant shall immediately (without undue delay) notify Foodolino GmbH in writing of any data security breaches related to personal data of which it becomes aware in relation to the Customers' personal data and shall keep Foodolino GmbH informed of such data security breaches.  

 

 

Should individual provisions of these GTC be void and/or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come as close as possible in economic terms to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner.

 

 

All disputes arising out of or in connection with this Agreement shall be governed by the laws of Switzerland and shall be subject to the jurisdiction of the courts in Switzerland. 

 

The place of jurisdiction shall be Brugg, Switzerland, subject to any statutory provisions to the contrary.

 

 

 

Offer:- The products and services offered by the restaurant, which can be ordered by the customer through the platform.

 

Order:- An order placed by the Customer with the Restaurant through the Platform in relation to the offer selected by the Customer.

 

Customer:- A natural or legal person who submits an order to the Restaurant via the Platform.

 

Platform:- The website (www.foodolino.ch) on which the services are offered or made available.

 

Restaurant:- A company that prepares and sells meals, beverages and related products, and that uses the platform to conclude the contracts as well as to pay for them.

 

Restaurant Information:- All information about the restaurant (e.g. contact details, general information, the range of products (meals, side dishes, options and drinks), prices for each individual product (including VAT), delivery area (including details of zip codes), delivery costs and minimum order quantities).

 

Services:- The services and/or activities offered on the platform/website to the customers of Foodolino GmbH on the website www.foodolino.ch.

 

Contract:- An agreement between the customer and the restaurant via the platform/website, regarding an order including delivery or collection of the order.

 

Tip:- An amount paid voluntarily by the customer and intended for the supplier of the order. 

 

 

 

By placing an order via the platform of foodolino.ch, the Customer concludes a direct contract with the Restaurant for the delivery of the offer selected by the Customer.

 

The Customer is bound by the order and is not entitled to a refund, except in the event of cancellation by the Restaurant pursuant to Section 3. Foodolino GmbH acts here merely as a platform operator and under no circumstances becomes a party to the contract and assumes no liability whatsoever with regard to the performance of the contract by the Restaurant.

 

 

The contract concluded between the Parties is valid from the moment the Customer places the order by clicking the button "Order and pay" during the ordering process on the Platform. The order will be confirmed to the Customer by Foodolino GmbH after receipt of the order.

 

 

The customer is obliged to provide complete and truthful information about the contact and address information at the time of the order so that the restaurant can provide the contractual services. Changes or inaccuracies to your information and especially to the payment data must be reported by the customer immediately to the restaurant and Foodolino GmbH. For the provision of services by the Restaurant and Foodolino GmbH it is indispensable that the Customer can be reached by phone or at least by e-mail after placing the order and is present at the specified delivery address to receive the delivery. In case the Customer decides to pick up his/her order, he/she should be present at the chosen time at the Restaurant's pick-up location, as indicated in the confirmation e-mail, SMS or on the website www.foodolino.ch.

 

The customer is obliged to check the order immediately upon delivery. Any complaints (wrong order, missing or defective product) must be made to Foodolino GmbH within 24 hours after delivery, otherwise any defects are considered accepted.

 

 

If alcoholic products or other products with age restrictions are delivered, the Restaurant may carry out identification of the Customer. The Customer is obliged to make the identification in such cases, otherwise the Restaurant is entitled to refuse the delivery of the relevant products to the Customer. In this case, the cancellation costs may be charged to the Customer.

 

 

The customer may decide at his own discretion whether or not to tip the supplier via the payment methods or on site. However, there is no obligation to do so. 

 

 

 

Due to the short delivery terms and perishability of the products, confirmed orders towards Foodolino GmbH cannot be changed or cancelled, and delivered products cannot be taken back or exchanged. Cancellation of the order towards the Restaurant is possible for the Customer only if the Restaurant explicitly states that cancellation of the order by the Customer is possible.

 

 

The Restaurant is entitled to cancel the order, e.g. if the offer is no longer available, if the Customer has provided a wrong or non-functioning phone number or other contact information, or in case of force majeure. In addition, Foodolino GmbH is entitled to refuse all future orders of the Customer, should there be appropriate reasons.

 

 

Any delivery deadlines are given for purely informative purposes and the cancellation of the order for this reason is expressly excluded.

 

 

Foodolino GmbH is entitled to refuse orders and to dissolve the contracts on behalf of the Restaurants if there are reasonable doubts about the correctness or authenticity of the order or the contact information or if the Restaurant does not wish to conclude a contract with this Customer. The same applies in cases when the Customer does not pay for the order or does not fulfill his obligations as described in section 2.3.

 

If the Customer places orders that are proven to be false or fraudulent, Foodolino GmbH is entitled to report it to the police. If the Customer places orders that appear to be false or fraudulent, Foodolino GmbH may report it to the police.

 

Foodolino GmbH may also cancel an undelivered order at any time without giving reasons and without compensation, provided that the customer is informed immediately.

 

 

By placing an order using the means accepted by Foodolino Ltd., the Customer makes a binding and final offer to purchase the products selected on the specified terms.

 

In principle, the Restaurant bears the sole responsibility for the offer and its fulfillment towards the Customers. All complaints in connection with the offer, the order or the fulfillment of the contractual services are therefore to be addressed directly to the respective restaurant. Foodolino GmbH assumes only an intermediary role and is not a party to the contract.

 

If the Customer has a complaint regarding the Service, this complaint must be reported to the Customer Service of Foodolino GmbH using the contact form, by email (info@foodolino.net) or by regular mail, to the contact address provided. After receiving a complaint Foodolino GmbH will try to send an acknowledgement of receipt as soon as possible and to process the complaint as soon as possible.

 

A (partial) refund of an online payment is only possible if the order cannot be delivered (in full). The refund is always made to the account from which the payment was made.

 

In case of cancellation the restaurant is obliged to refund the money to the customer.

 

 

The customer can subscribe to one of our newsletters when placing the order. We guarantee the customer the possibility to cancel this newsletter at any time via a link in the corresponding e-mail. The Customer may also initiate the unsubscription of the newsletter by sending an e-mail to the customer service of Foodolino GmbH.

 

 

The offer published on the platform is published in the name of the respective restaurant, based on the restaurant information provided. Foodolino GmbH does not assume any responsibility or liability for the content of the offer and the restaurant information on the platform/website. The restaurant may use ingredients and additives for food and beverages that may trigger allergies and intolerances. If you are allergic to food, we advise you to contact the restaurant by phone to find out about current allergens before placing an order.

 

It is not the responsibility of Foodolino GmbH or its vicarious agents to ensure the accessibility of the platform/Webpage. For this reason, Foodolino GmbH is also not liable for the accessibility of the platform.

 

 

Foodolino GmbH is entitled to use all data stored or entered on the Platform at any time and without prior notice to the Customers in accordance with the Privacy Policy.

 

When processing this data, Foodolino GmbH must respect high ethical standards and the privacy of customers. Except for disclosures required or permitted by applicable law to a public authority or judicial body, Foodolino GmbH will not disclose personal data to third parties without your consent. However, Foodolino GmbH reserves the right to disclose your personal information to trusted processors in compliance with all applicable laws and regulations.

 

The data protection provisions for customers at www.foodolino.ch and the general information on data protection also apply.

 

 

Should individual provisions of these GTC be void and/or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come as close as possible in economic terms to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner.

 

 

All disputes arising out of or in connection with this Agreement shall be governed by the laws of Switzerland and shall be subject to the jurisdiction of the courts in Switzerland.

 

The place of jurisdiction shall be Basel, Switzerland, subject to any statutory provisions to the contrary.