T&C
General Terms and Conditions for Customers for the Use of the Mediation Platform of the
CaterMatch GmbH
Sophie-Charlotten-Straße 92
14059 Berlin
Germany
represented by its Managing Directors Richard Grinblat, Nima Naghshejahan, Jörn Schweer-Baumeister, Raymond Smith
*In the following “CaterMatch”
1. Preamble
CaterMatch operates an intermediary platform (hereinafter referred to as “CaterMatch”) on the website https://catermatch.me, through which companies within the meaning of Section 14 of the German Civil Code (hereinafter referred to as “Clients”) can request catering offers, i.e. food and beverage deliveries as well as all related services (hereinafter referred to as “Catering Services” and/or “Catering Products”).
CaterMatch offers, among other things, catering services and catering products for e.g. meetings, events, parties, premieres, product presentations (hereinafter “Event”).
As part of the query, customers have the opportunity to receive advice from CaterMatch and have catering services individually tailored to their wishes put together.
Customers may have the opportunity to order catering products directly via the link to the Web Shop (hereinafter “WebShop”) located on the website https://catermatch.me. These GTC do not apply to directly orderable catering services that can be ordered via the WebShop. Separate GTC apply to the use of WebShop.
2. Scope of application of the general terms and conditions
These GTC apply in their most current version to all contracts concluded between CaterMatch and the Customers with regard to the catering services and catering products offered via CaterMatch, irrespective of whether these contracts are concluded via the CaterMatch or another webpage, by e-mail, via an app from a mobile terminal, by post, fax, by telephone or in any other way.
These GTC do not apply to directly orderable catering services that can be ordered via the WebShop. Separate GTC apply to the use of WebShop.
Conflicting, deviating or additional GTC of the Customers shall not apply or shall not become an effective part of the contracts concluded between CaterMatch and the Customers, unless CaterMatch has previously expressly agreed to their application in writing.
CaterMatch expressly reserves the right to change or amend these T&Cs at any time without giving reasons. The amended terms and conditions will be sent to customers by e-mail two weeks before the amendments come into force. If the customer does not object to the validity of the amended GTC within two weeks after receipt of the notification of amendment, this shall be deemed to be consent to the amended GTC. The Customer will be informed by CaterMatch of the significance of the change and the two-week period in the email with which the change notification is sent.
In order to fulfil the catering services described under §1 of these GTC, CaterMatch has concluded contracts with third party providers (hereinafter “Partners”) who present and offer their catering services and catering products on CaterMatch. A separate contract applies to the contracts between CaterMatch and the partners. These GTC do not apply to the relationship between CaterMatch and the Partners.
3. Conditions for orders from customers
Customers who use the CaterMatch service:
must be able to accept orders at the address specified in the order,
may not, under any circumstances, sub-license, resell or make available for a fee to any third party any Catering Services offered through the Website without the written consent of CaterMatch,
may only act for a company which they are authorised to represent,
must ensure the accuracy of the data provided as part of the request.
4. Rights and obligations of CaterMatch / partners
CaterMatch/Partner provide the consulting services described in § 1 of these GTC with regard to the selection of dishes and the composition of menus to the customers.
The service owed by CaterMatch/Partners is based on the respective order placed by the customer. The contract in respect of these orders is only between the Customer and CaterMatch, the Partner is not a party to this contract and therefore not a contractual partner of the Customer.
CaterMatch presents and offers catering services, in particular dishes, of its partners, CaterMatch processes orders from customers as a reseller of these partners.
The dishes arranged by CaterMatch are prepared by the partners with whom CaterMatch enters into its own contract and delivered directly to the customer by the partner for CaterMatch.
CaterMatch/Partners shall prepare the Catering Products for the Clients in accordance with §5.4.
The service provision/delivery shall take place at the location specified by the customer during the ordering process. A subsequent change of the place of delivery is only possible with the express consent of CaterMatch/Partner in text form.
The dates promised by CaterMatch/Partners for the provision of the catering services are – unless fixed dates have been expressly agreed with the customer in writing – merely indicative values, for the observance of which CaterMatch/Partners neither assume a guarantee nor, if they are exceeded, do they trigger warranty rights or constitute an impossibility to provide the service.
If and insofar as this has been agreed with the respective customer in writing in advance, CaterMatch/Partner shall provide further services for the implementation and realisation of the event planned by the customer. Such services may include, but are not limited to, the provision of service staff or the provision of catering systems and items, such as crockery, cutlery, chafing dishes, GN containers, service cutlery, napkins, individual decorations and floral arrangements, tables, chairs, etc. (hereinafter “Equipment”).
CaterMatch/Partners may rely on their own resources for the performance of their obligations under this Agreement. §4 of these General Terms and Conditions of Business of third natural and legal persons. There is no obligation for CaterMatch/Partner to provide services in person.
5. Rights and obligations of clients
The Clients undertake to assist CaterMatch/Partner in the performance of their contractual obligations and/or in the provision of the Catering Services. In this respect, in particular, but not exclusively, in cases where the catering services are provided at a location determined by the client, the clients must provide CaterMatch/Partners with access to the place of performance throughout the performance period, assist CaterMatch/Partners in setting up and dismantling the equipment, etc.
The customers undertake to inspect the catering products immediately after handover by CaterMatch/Partner and to notify CaterMatch in writing of any defects that become apparent. Acceptance shall take place in accordance with §377 HGB.
Customers may not refuse to accept delivered catering products in breach of good faith.
Clients undertake to pay for the catering products and catering services ordered at the latest within the contractually agreed period stated on the invoice or, in the absence of an agreement, within the statutory period.
The clients undertake to obtain all private law or official permits and concessions (such as customs etc.) that may be required for the performance/provision of the catering services and catering products and to pay the fees incurred in this connection.
Shipping is always at the expense of the customer. The shipping costs are displayed to the customer on the overview page before the order is placed and must be confirmed.
6. Equipment
Equipment provided to customers by CaterMatch/Partners remains the full property of CaterMatch/Partners. The equipment is provided on a rental/lease basis.
Subject to agreement on an obligation for the customer to return the equipment to CaterMatch/Partner’s registered office (or another location, as agreed), CaterMatch/Partner will collect the equipment from the customer within a reasonable period of time after the end of the performance period.
The customers must always treat the equipment with care and with the due diligence of a prudent businessman, whereby in cases of damage, destruction or loss, they must reimburse the resulting replacement or, as far as possible, repair value of the equipment (this is the price that CaterMatch/Partner must pay for a corresponding replacement or repair).
CaterMatch is entitled to demand a reasonable deposit for the equipment provided to the Client. CaterMatch/Partner has a right of retention to the equipment until the deposit has been paid in full.
7. CaterMatch TeamLunch
CaterMatch offers customers the possibility to purchase catering services and products via term models at regular intervals (so-called “TeamLunch”, hereinafter “TeamLunch”). In the case of TeamLunch contracts, customers can specify the duration of the contract and the frequency of delivery (e.g. every day, or once a week/month), subject to the minimum terms provided in each case. Unless otherwise provided, the minimum term for TeamLunch contracts is 6 months. Longer minimum terms may be provided for special promotions or discounts.
TeamLunch contracts are fixed-term. Termination before the end of the fixed term is permissible if the Customer moves to an area that cannot be supplied by CaterMatch or cannot be supplied under the same conditions.
Unless otherwise stated, CaterMatch TeamLunch Contracts will automatically renew on the same terms for a further term of the same length (hereinafter “Renewal”). Customers or CaterMatch can prevent the automatic renewal by terminating the contract within a period of 1 month to the end of the current contract term. The same applies to extensions that follow the first one.
The price for the entire contract period is due upon conclusion of the contract and is payable in advance in monthly instalments over the entire contract period. If the customer is in default with an instalment, CaterMatch is entitled to terminate the contract extraordinarily without notice. The entire contractually owed price is then immediately payable without CaterMatch being obliged to provide the contractual services. Further claims for damages remain unaffected by this.
The customer undertakes to accept CaterMatch Teamlunch services provided in accordance with the contract at the agreed place and time. If he does not do so, he is in default of acceptance. In this respect, §§373 ff. HGB.
8. Liability
CaterMatch has the right in certain cases to replace the partner booked by the customer, should this partner not be able to provide the service to the full extent due to special circumstances. The delivery is then carried out by an alternative partner with the same quality and value. The customer has the possibility at any time, both via CaterMatch and in person at the handover or delivery of the service, to find out all the details of the partner concerned, including details of contact persons, authorised representatives and contact options.
CaterMatch takes over the organisation and processing of the orders, but is not involved in the preparation and provision of the actual catering service. All claims in connection with catering services and products to be provided by the Partner or labelling obligations incumbent upon the Partner shall be asserted by the Client exclusively against the respective Partner. CaterMatch will support the client to the best of its ability.
CaterMatch shall only be liable to the Customer for damages, irrespective of the legal grounds, in the event of intent and gross negligence on the part of CaterMatch. The customer must prove the existence of intent or gross negligence on the part of CaterMatch.
In the event of a lesser degree of fault than gross negligence, CaterMatch shall only be liable to the Customer in each case for damages due to injury to life, body or health as well as for damages due to a breach of essential contractual obligations (these are obligations the fulfilment of which makes the proper performance of the contract possible in the first place and the observance of which the Customer regularly relies on and may rely on [so-called “cardinal obligations”]). In these cases, CaterMatch’s liability is limited to compensation for the foreseeable, typically occurring damage.
Insofar as any liability of CaterMatch is excluded or limited, this shall apply equally to vicarious agents, bodies, employees and representatives of CaterMatch.
The provisions of the Product Liability Act shall remain unaffected.
The Customer undertakes to indemnify CaterMatch against all claims which third parties – including the Partners – should assert against CaterMatch for reasons caused by the Customer in connection with this Agreement and to reimburse CaterMatch for all costs and damages incurred for the defence against such claims (e.g. lawyers’ fees).
9. Prices and service fee
The exact prices of the individual catering services and catering products result – in particular in the case of individually compiled/agreed catering services and catering products – from the respective order between CaterMatch and the Client (or from the Client’s attachment).
The prices apply to the scope of performance and delivery as described in the respective order confirmation.
Special and additional services beyond this are to be remunerated separately by the customer. This applies in particular – but not conclusively – if the client requests additional catering services and catering products after completion of the order process or circumstances for which neither party is responsible (e.g. force majeure), as well as circumstances from the client’s area of responsibility, lead to additional expenditure on the part of CaterMatch/Partner (such as a delay in the start/end of the catering services due to a circumstance for which the client is responsible, incorrect information within the framework of the order process, etc.). Special and additional services must be agreed in writing. However, the customer is not entitled to special and additional services.
In the event that CaterMatch becomes aware of circumstances after the conclusion of the order which are suitable to significantly reduce the creditworthiness of the customer, CaterMatch is entitled to provide/perform the contractually owed catering services/deliveries only against advance payment or provision of security. The amount of the advance payment/security deposit depends, among other things, on the product, order volume (or batch size), etc.
10. Changes / cancellations
After the order has been placed, requests for changes by the customer are only possible after prior agreement with CaterMatch/Partners.
The customer must notify CaterMatch & Partners of minor change requests at least 48 hours before CaterMatch provides the contractually owed service. Minor changes compared to the originally ordered catering services and catering products are deviations in the stated number of persons, volume of food/beverages etc. amounting to +/- 5 % of the originally ordered volume. However, the customer shall not be entitled to enforce minor change requests.
After the order has been placed, cancellations of the order by the customer are only possible within the following periods, which are staggered according to the amount of the order value excluding VAT. Order value before the respective event date (“Event”):
up to € 400 without VAT – up to 48 hours before the event
up to 700 € without VAT – up to 5 working days before the event
up to € 2,500 without VAT – up to 2 weeks before the event
up to € 5,000 without VAT – up to 4 weeks before the event
up to € 10,000 without VAT – up to 6 weeks before the event
over 10.000€ without VAT – until 8 weeks before the event
If several consecutive, coherent orders are placed for the same occasion, the order value relevant for cancellations shall result from the total sum of all orders.
After the expiry of the aforementioned deadlines, the following shall apply:
If the customer cancels the event after the expiry of the aforementioned deadlines, the customer remains obliged to pay 100% of the order value, unless otherwise agreed with CaterMatch.
Changes require a separate agreement between the customer and CaterMatch.
The aforementioned cancellation conditions do not apply to TeamLunch services in accordance with §7 above.
11. Terms of payment
The agreed total price is due at the time of the conclusion of the contract. If the scope of the order changes (for example due to more people to be catered for, due to a consumption-based agreement or similar), this may result in the invoice amount being adjusted by CaterMatch. A notification will be made by CaterMatch. Unless objected to within a reasonable period, the new price shall be deemed accepted. If payment by invoice has been agreed as the method of payment, then the payment term on the invoice shall apply, with invoicing only taking place after the event. CaterMatch may demand an advance payment depending on the respective order volume/total price already upon conclusion of the contract.
For orders from new customers, regardless of the order value, CaterMatch may request an advance payment of up to 100% of the order value including VAT.
If the customer is in default of payment according to the above regulations, CaterMatch may withdraw from the contract for catering services after setting a reasonable payment deadline – usually fourteen (14) days.
During the delay in payment, CaterMatch is entitled to demand interest on arrears in accordance with the statutory regulations. CaterMatch reserves the right to prove higher damages.
The customer is only entitled to set-off rights with claims that are undisputed by CaterMatch or have been legally established. The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
The customer is the debtor of the commissioned order and is obliged to pay the invoice amount. This also applies if the customer places the order for another company (“deviating service recipient”). In this case, the customer is jointly and severally liable with the deviating service recipient for payment of the invoice amount.
The customer shall be responsible for any default in payment on the part of the alternative recipient of the service. CaterMatch is free to decide whether, in the event of a default in payment, it will claim the entire performance from the Customer or from the deviating service recipient or from both together.
12. Food and drinks
All pictures of the food and drinks on the website are exemplary and for illustrative purposes only.
Food and drinks may contain allergens or additives. However, for detailed information on allergens, additives or further food information, please contact the respective partner of your order directly. In the event of any ambiguity, CaterMatch Customer Service will provide you with the Partner’s immediate contact information upon request. In case of existing legal uncertainties, we recommend refraining from an order for the time being.
13. Final provisions
Should individual provisions of these GTC as well as individual provisions of the contracts concluded on the basis of these GTC (or provisions incorporated into them in the future) be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the valid provision shall be deemed agreed which comes closest to the economic sense and purpose of the invalid provision.
Additions and amendments to these GTC and to contracts concluded on the basis of these GTC must be made in writing to be effective. This applies equally to the amendment and cancellation of the preceding written form clause.
These GTC and the contracts concluded on the basis of these GTC shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction for all disputes arising from these GTC as well as from contracts concluded on the basis of these GTC is – as far as permissible – Berlin.
14. Data protection
CaterMatch collects and stores the data of the customer necessary for the business transaction. When processing the customer’s personal data, we observe the statutory provisions. Further details can be found in the privacy policy available on the website. Upon request, the customer will receive information at any time about the personal data stored by CaterMatch.
