Terms of Service

applicability

These general terms and conditions for customers are only applicable to the app service.
By placing an order, the customer concludes a contract with DaVinci Kitchen for the output of the offer selected by the customer.

offer

The offer published in the app will be published in the DaVinci Kitchen branch.
In the DaVinci Kitchen branch, ingredients and additives may be used for food and drinks that can trigger allergies and intolerances. If you are allergic to food, we advise you to contact the branch by phone or via the app to find out about the allergens used before you place an order.

Contract between branch office and customer

The contract between the branch and the customer comes into effect as soon as the customer places the order at the end of the ordering process on the platform and clicks the “Order with obligation to pay” button.
After receipt of the order, DaVinci Kitchen will electronically confirm the order to the customer.
The branch is entitled to cancel the order if the offer is no longer available, if the customer has provided an incorrect or non-working phone number or other contact information or if there is a case of force majeure.
The contract can only be executed by the branch if the customer provides correct and complete contact and address information when placing the order. The customer is obliged to immediately report any inaccuracies in the information (including payment details) that have been transmitted or passed on to DaVinci Kitchen.

Rejection of orders

In view of the perishability of the offer, the customer is not permitted to dissolve the contract. Orders from DaVinci Kitchen cannot be canceled by the customer. A cancellation of the order to the restaurant is only possible for the customer if the branch expressly states that the customer can cancel the order.
The branch is entitled to cancel the order, e.g. if the offer is no longer available, if the customer has provided an incorrect or non-working telephone number or other contact information or if there is force majeure. DaVinci Kitchen is entitled to cancel all (future) orders from to refuse the customer, there should be appropriate reasons.
If the customer places an incorrect order (e.g. by providing incorrect contact information, by not paying or not being present at the delivery or collection point to receive the order) or otherwise failing to meet its obligations under the contract, DaVinci Kitchen is entitled to refuse future orders from this customer.
DaVinci Kitchen is entitled to refuse orders and dissolve contracts if there are reasonable doubts about the correctness or authenticity of the order or the contact information or if the branch does not want to conclude a contract with the customer. If the customer places orders that are proven to be false or fraudulent, DaVinci Kitchen is entitled to file a complaint with the police. If the customer places orders that appear false or fraudulent, DaVinci Kitchen can report this to the police.

Right of withdrawal

The customer cannot revoke the order vis-à-vis the branch office if it concerns the preparation of goods,

which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (Section 312g (2) No. 1 BGB);
which can spoil quickly or whose expiry date would quickly be exceeded (Section 312g (2) No. 2 BGB);
which are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (Section 312g Paragraph 2 No. 3 BGB);
if these were inseparably mixed with other goods due to their nature after delivery (Section 312g Paragraph 2 No. 4 BGB).

For that part of the order that does not fall under the above-mentioned exclusions, the customer has a right of withdrawal, provided that the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB). “Consumer” is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

payment

At the time of the conclusion of the contract in accordance with the provisions of these general terms and conditions for customers, the customer has a performance obligation towards the restaurant. The customer can fulfill this payment obligation by using an online payment method via the platform or by paying the restaurant at the door or at the pick-up point.
In accordance with the provisions of the General Terms and Conditions for Customers, the (partial) reimbursement of an online payment is only possible if the order cannot be (fully) delivered. The refund will always be made to the account from which the payment was made. Depending on the payment method used by the customer, it will take a maximum of 10 working days to process the refund.
DaVinci Kitchen is authorized to accept the customer’s online payment on behalf of the subsidiary.

Resolving complaints

Customer complaints regarding the offer, the order or the execution of the contract with the branch must be asserted against DaVinci Kitchen.
If the customer has a complaint about the services, this complaint must be reported to DaVinci Kitchen customer service using the contact form, by email or by post, to the contact address indicated in article 2 of these general terms and conditions.
As soon as DaVinci Kitchen has received the complaint, DaVinci Kitchen will respond with an acknowledgment of receipt. DaVinci Kitchen will endeavor to deal with the complaint as soon as possible.
Complaints as described in sections 1 and 2 of this article should be reported to the restaurant (section 1) or DaVinci Kitchen (section 2) be reported and fully and clearly described within a reasonable period of time after the customer has discovered the defects.
The European Commission provides a platform for online dispute resolution (OS platform). This platform can be found at http://ec.europa.eu/odr . DaVinci Kitchen expressly excludes alternative dispute resolution in accordance with Directive 2013/11 / EU. DaVinci Kitchen’s email address is info@davincikitchen.de .
DaVinci Kitchen is neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.

Newsletter

When ordering, the customer can subscribe to a DaVinci Kitchen newsletter. The customer can unsubscribe from this newsletter at any time in the newsletter footer or contact DaVinci Kitchen to unsubscribe (see Article 2 of these General Terms and Conditions).

Processing of personal data

DaVinci Kitchen processes personal data relating to the customer. The processing of personal data is subject to the provisions of Privacy policy .

DaVinci Kitchen liability

DaVinci Kitchen is liable as follows:

DaVinci Kitchen is liable for expenses and damages in accordance with the statutory provisions in the following cases (hereinafter in this Section 5: “Damages”): In the event of liability under the Product Liability Act, in cases of willful intent or fraudulent misrepresentation, in cases of gross negligence , for injury to life, limb or health, when DaVinci Kitchen accepts a guarantee and in all other cases of legally binding liability.
DaVinci Kitchen is also liable for the culpable violation of so-called cardinal obligations for damages in accordance with the statutory provisions. Cardinal obligations in this sense are all obligations, the violation of which endangers the achievement of the purpose of the contract, as well as all obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely. However, insofar as the breach of a cardinal obligation was only slightly negligent and did not result in injury to life, body or health, claims for compensation are limited to the amount of typical foreseeable damage.
In addition, claims of the customer for damages against DaVinci Kitchen – regardless of the legal reason, in particular due to material defect, legal deficiency and / or breach of other obligations from the contractual obligation or from a pre-contractual obligation (e.g. iSv § 311 Paragraph 2 BGB) by DaVinci Kitchen, their legal representatives, employees or vicarious agents, from § 311 a BGB or from tort – excluded.
As far as the liability of DaVinci Kitchen is limited or excluded according to the above regulations, this also applies to the personal liability of the legal representatives, employees and vicarious agents of DaVinci Kitchen.
A change in the burden of proof to the detriment of the customer is not associated with the above regulations.
An exclusion or a limitation of the customer’s claims to default interest or to the flat rate according to § 288 para. 5 BGB or compensation for the damage caused by the costs of legal prosecution is not associated with the above regulations.
Claims of the customer for damages become statute-barred within the statutory limitation periods from the beginning of the statutory period.

miscellaneous

The law of the Federal Republic of Germany applies exclusively to the exclusion of the UN sales law.
Should individual provisions of these general terms and conditions (or parts thereof) be ineffective, this does not affect the effectiveness of the agreement between the customer and DaVinci Kitchen about the services or the contract between the restaurant and the customer.
These general terms and conditions for customers are written in several languages and all versions have the same validity. If there is a conflict or inconsistency between the versions, the English version prevails.