GENERAL TERMS AND CONDITIONS FOR CUSTOMERS
GENERAL TERMS AND CONDITIONS FOR CUSTOMERS USING THE MEDIATION PLATFORM OF THE
represented by its CEOs: Richard Grinblat, Nima Naghshejahan, Jörn Schweer-Baumeister
*from here on “CaterMatch”
CaterMatch operates an intermediary platform (hereinafter “CaterMatch”) on the website https://catermatch.me, through which companies within the meaning of Section 14 of the German Civil Code (hereinafter “Customers”) can request catering offers, i.e. food and beverage deliveries as well as all related services (hereinafter “Catering Services” and/or “Catering Products”).
In this context, CaterMatch offers, among others, catering services and catering products for e.g. meetings, events, parties, premieres, product presentations (hereinafter “Event”).
Within the scope of the query, customers have the possibility to be advised by CaterMatch and to compile catering services individually adapted to their wishes.
Furthermore, customers have the possibility 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 OF BUSINESS
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, regardless of whether these contracts are concluded via the CaterMatch or another webpage, by e-mail, via an app from a mobile device, by mail, fax, by telephone or in any other way.
These GTC do not apply to directly orderable catering services that can be ordered via WebShop. Separate GTC shall apply to the use of WebShop.
Conflicting, deviating or additional GTC of the customers do not apply or do 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 GTC at any time without giving reasons. The amended terms and conditions will be sent to the customer 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 as 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 e-mail with which the change notification is sent.
In order to fulfill the catering services described in §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. The contracts between CaterMatch and the Partners are governed by a separate contract. These GTC do not apply to the relationship between CaterMatch and the Partners.
3. CONDITIONS FOR ORDERS FROM CUSTOMERS
Customers who use the service of CaterMatch:
- Must be able to accept orders at the address specified in the order.
- may not, under any circumstances, sublicense, resell, or make available for a fee to any third party any catering services offered through the Site without the written consent of CaterMatch
- may only act on behalf of a company they are authorized to represent
- must ensure the accuracy of the data provided in the request
4. RIGHTS AND OBLIGATIONS OF CATERMATCH/PARTNERS
CaterMatch/Partners 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 depends on the respective order placed by the customer. The contract regarding 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, especially dishes, of its partners, CaterMatch processes orders of 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 Customers in accordance with §5.4.
The service provision/delivery takes 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 – mere guidelines, for the observance of which CaterMatch/Partners neither assume a guarantee nor, in the event of their being exceeded, trigger warranty rights or justify an impossibility of the provision of the service.
If and insofar as this has been agreed with the respective customer in writing beforehand, CaterMatch/Partner will provide further services for the execution and implementation of the event planned by the customer. Such services may include, but are not limited to, the provision of service personnel or the provision of catering systems and items, such as dishes, cutlery, containers for keeping food warm or “chafing dishes”, GN containers, service cutlery, napkins, individual decorations and flower arrangements, tables, chairs, etc. (hereinafter “Equipment”). (hereinafter “Equipment”).
CaterMatch/Partners may use third natural and legal persons to fulfill their obligations according to §4 of these GTC. There is no obligation for CaterMatch/Partner to provide services personally.
5. RIGHTS AND OBLIGATIONS OF CUSTOMERS
The customers undertake to support CaterMatch/Partner in the fulfillment of their contractual obligations or in the provision of the catering services. In this respect, Customers shall in particular, but not conclusively, in cases where the Catering Services are provided at a location determined by the Customer, provide CaterMatch/Partners with access to the place of performance during the entire 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/Partners and, if defects are found, to notify CaterMatch in writing. Acceptance takes place in accordance with §377 HGB.
Customers may not refuse acceptance of delivered catering products against good faith.
Customers undertake to pay for the ordered catering products and catering services at the latest within the contractually agreed period stated on the invoice or, in the absence of an agreement, within the statutory period.
The customers undertake to obtain all permits and concessions under private law or from the authorities (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.
The equipment provided to the customers by CaterMatch/Partners remains the full property of CaterMatch/Partners. The equipment is provided on a rental/lease basis.
Subject to the agreement on an obligation to return the equipment by the customer at the registered office of CaterMatch/Partners (or another place, depending on the agreement), CaterMatch/Partners will collect the equipment from the customer within a reasonable period of time after the end of the performance period.
The customer must always treat the equipment with care and with the due diligence of a prudent businessman. In case of damage, destruction or loss, the customer must compensate CaterMatch/Partner for the resulting replacement or, if possible, repair value of the equipment (this is the price CaterMatch/Partner has to pay for a corresponding replacement or repair).
CaterMatch is entitled to demand a reasonable deposit for the equipment provided to the customer. CaterMatch/Partner has the right to retain the equipment until the deposit is 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, subject to the minimum terms provided for in each case, specify the duration of the contract and the frequency of delivery (e.g. every day, or once a week/month). 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 limited in time. Termination prior to the expiration of the specified term is permitted in the event the Customer moves to an area that cannot be served by CaterMatch or cannot be served on the same terms.
Unless otherwise specified, CaterMatch TeamLunch Contracts are automatically renewed on the same terms for another term of the same length (hereinafter “Renewal”). Customers or CaterMatch may prevent the automatic renewal by terminating the contract within a notice period of 1 month to the end of the current contract term. The same applies to extensions following the first one.
The price for the entire contract period is due upon conclusion of the contract and is payable in advance in monthly installments over the entire contract period. If the customer is in default with an installment, 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.
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.
CaterMatch has the right in certain cases to replace the Partner booked by the Customer on its own initiative, should the Partner be unable to perform the service to the full extent due to special circumstances. The delivery will then be carried out by an alternative partner with the same quality and value. The customer has the possibility at any time, both via CaterMatch and personally at the handover or delivery of the service, to find out all details about the partner concerned, including details of contact persons, authorized representatives and contact options.
CaterMatch takes over the organization and processing of the orders, but is not involved in the preparation and delivery of the actual catering service. All claims in connection with catering services and products to be provided by the Partner or labeling obligations incumbent on the Partner are to be asserted by the Customer exclusively against the respective Partner. CaterMatch will support the customer in this to the best of its ability.
CaterMatch is liable to the customer for damages, regardless of the legal reason, only in case of intent and gross negligence on the part of CaterMatch. The customer has to 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 fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer regularly relies and may rely [so-called “cardinal obligations”]). In these cases a liability of CaterMatch is limited to the compensation of the foreseeable, typically occurring damage.
As far as a liability of CaterMatch is excluded or limited, this applies equally to vicarious agents, organs, employees and representatives of CaterMatch.
The provisions of the Product Liability Act remain unaffected.
The Customer undertakes to indemnify CaterMatch against all claims which third parties – including partners – should assert against CaterMatch in connection with this contract for reasons caused by the Customer and to reimburse CaterMatch for all costs and damages incurred for the defense against such claims (e.g. attorney’s fees).
9. PRICES AND SERVICE FEE
The exact prices of the individual catering services and catering products result – especially in case of individually composed/agreed catering services and catering products – from the respective order between CaterMatch and the Customer (or from its attachment).
The prices are valid for the scope of services and deliveries 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 customer requests additional catering services and catering products after completion of the order process or if circumstances for which neither party is responsible (e.g. force majeure), as well as circumstances for which the customer is responsible, lead to additional expenses 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 customer is responsible, incorrect information provided during the order process, etc.). Special and additional services must be agreed upon in writing. However, the customer has no right to special and additional services.
In case CaterMatch becomes aware of circumstances after the conclusion of the order which are suitable to reduce the creditworthiness of the customer considerably, CaterMatch is entitled to render/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, change requests 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 specified number of persons, volume of food/beverages etc. in the amount of +/- 5% of the originally ordered volume. However, the customer has no right to enforce minor change requests.
After the order has been placed, the customer may cancel the order only within the following deadlines, which are staggered according to the value of the order excluding VAT. Order value staggered deadlines before the respective event date free of charge possible:
- 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 – up to 8 weeks before the event
If several consecutive, coherent orders are placed for the same event, the relevant order value for cancellations will be calculated from the total sum of all orders.
After the expiry of the aforementioned deadlines, changes and cancellations are only possible – if at all – in accordance with a separate agreement with the customer.
The aforementioned cancellation terms do not apply to TeamLunch services as defined in §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 persons to be catered, due to a consumption-dependent agreement or similar), this may result in the invoice amount being adjusted by CaterMatch. A notification will be made by CaterMatch. If no objection is raised within a reasonable period of time, the new price is considered accepted. If payment on invoice is agreed as payment method, then the payment term on the invoice is valid, whereas invoicing takes place only after the event.
CaterMatch can 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 requires an advance payment of 50% 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 period for payment – usually fourteen (14) days.
During the delay of payment CaterMatch is entitled to charge default interest according to the legal regulations. CaterMatch reserves the right to prove a higher damage.
The customer is only entitled to set-off rights with claims which are undisputed by CaterMatch or which 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.
12. FOOD AND BEVERAGES
All pictures of food and beverages on the website are exemplary and serve only for illustration.
Food and beverages 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 case of any uncertainties, CaterMatch Customer Service will provide you with the immediate contact information of the partner upon request. In case of existing legal uncertainties we recommend to refrain from placing 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 as well as to the contracts concluded on the basis of these GTC must be made in writing in order to be effective. This applies equally to the amendment and cancellation of the preceding written form clause.
These GTC as well as 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 the contracts concluded on the basis of these GTC is – as far as permissible – Berlin.
16. DATA PROTECTION
Upon request, the customer will receive information about the personal data stored by CaterMatch at any time.