These Terms of Use of Delivery Hero Czech Republic s.r.o., ID No.: 24254398, with the registered office at Smrčkova 2485/4, Libeň, 180 00 Prague 8, a company registered in the Commercial Register maintained by the Municipal Court in Prague, file reference C 197771, govern your use of the Platform. Please read these Terms carefully. By accessing and using the Platform, you agree that you have read, understood and accepted these Terms, including all other terms and policies referenced in this document, available on the Platform or accessible via hyperlink. If you do not agree to these Terms, please do not use the Platform.
The Terms govern the rights and obligations of persons using the Platform as well as other related legal relationships. The Platform may be used by legally competent natural persons (non business/enterpreneur) of legal age with full legal capacity.
If you are under the age of 18 (minors), you are required to obtain your legal guardian´s consent to use the Platform. By using the Platform with the consent of your legal guardians, you agree to these Terms. Your legal guardians hereby assume full responsibility for your actions and liability for the payment of fees associated with the use of the Platform and/or the purchase of goods and/or services via the Platform. If you fail to obtain your legal guardians´ consent to use the Platform, you must immediately discontinue your use of the Platform.
Foodora reserves the right to unilaterally amend or supplement these Terms at any time in accordance with Article 23 of the Terms. We will notify you of any amendments to these Terms in a manner allowing you to familiarize yourself with the current version of these Terms without excessive difficulty. The new Terms will become effective upon their release on the Platform. This provision however is without prejudice to any rights and obligations arisen during the force of the previous version of these Terms.
If you, as the user of the Platform, have any questions, concerns or complaints regarding these Terms or services provided via Platform, please contact our customer support via email at [email protected], or via the customer support chat in the application associated with the Platform. In this context, please also acknowledge the provisions of Article 27 of these Terms.
User Account means the individual user account on the website (URL) www.foodora.cz you set up for use on the Platform.
Affiliated Companies in relation to us (foodora) mean any existing and/or emerging legal entity that directly or indirectly controls, is controlled by or is under common control with foodora. For the purposes of these Terms, “control” (including the terms “controls” and “controlled” and “under common control”) means: (i) the direct or indirect ownership of fifty percent (50 %) or more of the votes in the aggregate of the equity interests of such entity; (ii) the direct or indirect ownership of fifty percent (50%) or more of the equity interests of such entity; (iii) the direct or indirect ownership of fifty percent (50 %) or more of the assets of such entity; (iv) the right to fifty percent (50 %) or more of the profits distributed by such entity; and/or (v) other direct or indirect power to steer the substantial management and business policies or decisions of such entity or the power to veto the substantial management and business policies or decisions of any such entity, whether by ownership of voting securities, contract or otherwise.
Foodora, we, us means Delivery Hero Czech Republic s.r.o., ID No.: 24254398, with the registered office at Smrčkova 2485/4, Libeň, 180 00 Prague 8, a company registered in the Commercial Register maintained by the Municipal Court in Prague, file reference C 197771, conducting business under the trade name and designation “foodora” and operating the Platform, and a part of the global concern Delivery Hero SE.
Goods mean, in particular, goods and/or services consisting of, for example, prepared meals, food (whether fresh or non-perishable), beverages, flowers, gift items, drugstore and cosmetics, and/or household goods or other similar products or services offered by the Vendor.
Intellectual Property means all rights of foodora in any registered or unregistered trademarks, software (including the Platform), copyrights, know-how, trade secrets, trade names or similar rights, whether or not subject to the protection by intellectual property law.
Order(s) means an order for Goods of the Vendor placed through the Platform (conclusion of a purchase contract with the Vendor).
Platform means our mobile application foodora and the website www.foodora.cz operated by us in the Czech Republic.
Terms means these Terms of Use, which apply to any Order placed through the Platform, any other terms and policies referred to herein that are available on the Platform or accessible via hyperlinks.
Tips mean a sum of money voluntarily provided and paid by you through the Platform to the delivery person.
Vendor(s) means, but is not limited to, third party businesses, including, but not limited to, restaurants, supermarkets, grocery stores, pharmacies or any other entity engaged in the business of selling goods and/or services, which has previously entered into a relevant intermediary contractual arrangement with us and provides all relevant information about the Goods, which is displayed via the Platform (including price, characteristics and generally all information objectively fairly required of the Vendor), solely as a manufacturer, supplier and/or retailer who, inter alia, is directly responsible for compliance with all laws and regulations relating to the Goods offered by the Vendor.
You means all natural persons who use the Platform and/or place Orders on the Platform.
Foodora operates and manages the Platform, which is an aggregator for the delivery of Goods. Through our Platform, foodora connects you and facilitates the conclusion of a purchase contract with the Vendors (hereinafter “Mediated Contract”) allowing you to order various Goods to be delivered to you or, where applicable, pick them up at the Vendors´ premises. When you place an Order, foodora acts as an intermediary between you and the Vendor to facilitate ordering the Goods, processing the Goods, entering into the Mediated Contract with the Vendor, allowing us and/or the Vendor itself to deliver your Order to you or, if applicable, allowing you to collect it. Where delivery is arranged by the Vendor, you will be notified accordingly in the profile of each respective Vendor. Unless otherwise stated, we will deliver your Order.
Ranking of Vendors
When searching for Vendors and Goods on the Platform, search results are ranked primarily based on the following criteria:
The content of Your search: The search results that most closely reflect the wording of Your search query will be listed higher, e.g. Vendors' name, the Goods, and/or a specific offer. If Your search query consists of special characteristics related to Goods (e.g. a certain type of dish) or Vendors (e.g. a certain type of restaurant), the search results that most closely reflect such characteristics will be listed higher.
Opening hours, distance and delivery time: The order of the search results is also based on the opening hours, distance and delivery time of the relevant Vendor to Your specified delivery address. For example, a shorter delivery time means a higher ranking. Should there be more than one Vendor under the same brand group in the same delivery area, the search results can be limited to show only the Vendor within that brand group with the shortest delivery time. Note that changing the delivery address or choosing the Pick-Up option may change the search results.
Popularity: The popularity of a Vendor can affect the ranking of the search results. Popularity is measured, for example, by views and/or orders placed within a specific time frame. The greater the popularity, the higher the listing.
Vendors can influence the ranking of their profile on the Platform for a fee, as well as to influence the ranking of their profile when using the search function. Profiles that are prioritized for a fee are usually labelled as “sponsored”. If the ranking of the Vendors´ profile is not changed by a fee, the Vendors´ profiles are usually ranked according to the following criteria: distance of the Vendor from the Customer, delivery time of the Goods, review of the Customer, and possibly the preparation time of the Goods.
Other criteria may also influence the ranking. The relative importance of the mentioned criteria depends, among other things, on Your search query and from where, geographically, You are making the search. However, as a general rule, the Vendor who best match Your search query or have the most of the Products You have searched for will be at the top. However, a Vendor may get a higher ranking if it has high ratings (high popularity) or if it can deliver quickly.
Unless otherwise stated on the Vendor´s offer page, Vendors are business entities operating under the applicable laws in force in the Czech Republic, in particular civil and consumer law, including European legislation relating to consumer protection.
3.1 CREATING USER ACCOUNT AND PASSWORD
3.1.1 In order to use the Platform, you must create a user account (hereinafter “Account”). When registering for an Account, we will ask you to provide your personal information, in particular a valid email address, mobile phone number and unique password. Your password will not be disclosed to anyone and you agree to keep it confidential at all times. You are solely responsible for adequately securing your password. Except for fraud or misuse through no fault of your own, you agree that you are solely responsible for all Orders placed under your Account. If you forget your password, you may reset it by using the “forgot password?” feature.
3.1.2 If you have a Facebook, Google or Apple account, you may create an Account using the login credentials for these third-party accounts.
3.2 USING YOUR ACCOUNT
After placing an Order, you can use your Account to pay for the Order using the payment methods offered by the Platform (non-cash in advance through an online payment gateway, etc.). You are entitled to save different payment methods for future use of the Platform, according to the options offered by the Platform.
3.3 INCOMPLETE, INCORRECT OR MISSING INFORMATION
Subject to Article 16 of these Terms, foodora will not be liable for Orders that experience delivery difficulties due to incomplete, incorrect or missing information you provided. You thereby represent and warrant that all information provided by you to us is true, complete, accurate and correct. You also undertake to update your information regularly when any change occurs.
3.4 DELETING USER ACCOUNT
If you want to delete your Account, please send us an email requesting deletion. Pursuant to Article 22 of these Terms, we may also restrict, suspend or terminate your Account and/or use of the Platform if we reasonably believe that:
3.4.1 someone else is using your Account; or
3.4.2 you take part in any activity or conduct that violates these Terms, our policies and guidelines, or you have engaged in any activity or conduct that we consider, in our sole discretion, to be an abuse of the Platform or in breach of generally applicable legal regulations in the Czech Republic.
3.5 USER ACCOUNT LINKED TO ONE PERSON AND ONE USER ACCOUNT POLICY
The Account is linked to one person only, namely the person who voluntarily created the Account on the Platform. The Account is non-transferable. You are prohibited from registering multiple times and/or using more than one Account. In the event of a breach of this obligation, foodora reserves the right to cancel, suspend and/or block the Account in accordance with Section 22 of these Terms.
3.6 FREE OF CHARGE USE OF PLATFORM
Access to and use of the Platform is free of charge. However, you pay the costs you incurr in connection with accessing and using the Platform (i.e. internet connection, etc.).
3.7 LIMITING AND TERMINATING YOUR ACCESS TO THE PLATFORM
We reserve the right to restrict or terminate your access to the Platform at any time without giving any reason.
3.8 LIABILITY FOR DAMAGE YOU CAUSED
You are liable for any damage caused by unauthorized interference with the Platform or the system that transmits information from the Platform to third parties.
3.9 CONTRIBUTION CONTENT TO THE PLATFORM
Platform users contributing content to the Platform (e.g. publicly reviewing their order experience on foodora platform) as well as non-users who have reported content on foodora that they deem to be illegal or contrary to our Terms, may appeal our decisions regarding content removal or visibility suspension. Moreover, foodora users may also appeal our decision to terminate or to block their foodora user accounts.
Details on how and where to initiate such internal appeal will be provided together with a relevant decision to terminate and/or block your foodora user account as well as our decisions regarding removal or visibility suspension of user content on the Platform.
Abovementioned internal appeals shall only be accepted if they are initiated not later than within the 6 (six) months period from the relevant decision receipt day.
Below is a list of representative examples of conduct and/or activities that are prohibited on the Platform. Foodora reserves the right to investigate and take appropriate legal action against anyone who, in foodora´s sole discretion, engages in any of the prohibited conduct. Prohibited activities include, but are not limited to, the following:
4.1 using the Platform for any purpose in violation of applicable laws or regulations;
4.2 posting any content that violates Intellectual Property Rights (as defined in Article 14 of these Terms), rights of privacy, rights of publicity, rights relating to trade secrets, or any third-party rights;
4.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, defamatory, hateful, or degrading to any other person or entity;
4.4. posting content that constitutes cyberbullying;
4.5 posting content that shows dangerous, life-threatening or otherwise risky behavior;
4.6 posting telephone numbers, addresses or other personal information of any natural person;
4.7 posting URLs to third-party websites or any source code;
4.8 posting anything that could be considered “spam” (unsolicited communications of any nature) in our sole discretion;
4.9 impersonating another individual when posting content on the Platform;
4.10 collecting information or otherwise taking part in any activity that could be considered as collecting information about other persons without their consent;
4.11 allowing another person or entity to use your identity to post or view comments;
4.12 harassing, threatening, stalking or abusing any person on the Platform;
4.13 engaging in any other conduct that restricts or prevents any other person from using or enjoying the Platform;
4.14 using the Platform in breach of these Terms;
4.15 commercially exploiting any part of the Platform in a manner that could damage the Platform, foodora and/or the Vendor;
4.16 obtaining the login details of other users of the Platform;
4.17 abusing, blocking, altering or otherwise tampering with any part of the Platform, or even attempting to disrupt the stability, operation or data of the Platform;
4.18 using mechanisms, software or other means that could adversely affect the operation of the Platform. The Platform may only be used to the extent that it is not detrimental to the rights of other users or foodora and is consistent with its intended use;
4.19 encouraging other persons to engage in any of the prohibited activities described in these Terms.
5.1 FOODORAS RIGHTS
5.2 SUSPENDING ABILITY TO REPORT ILLEGAL CONTENT
We may temporarily suspend your ability to report, or may temporarily not process your reports related to content that you deem illegal and/or against our Terms of Services and/or any related content policies. We will do this in cases where:
Any suspension herein above will be applied only after issuing a prior notice to this effect and will last up to 15 (fifteen) calendar days in the first instance.
5.3 SUSPEND ABILITY TO LIST ILLEGAL CONTENT
We may temporarily suspend your ability to leave public comments about your past orders, where available, as well as your ability to contribute any other content to foodora platform. We will do this in cases where:
Any suspension herein above will be applied only after issuing a prior notice to this effect and will last up to 15 (fifteen) calendar days in the first instance. You can appeal this decision via our Internal Complaint Handling System.
6.1 BEFORE YOU PLACE AN ORDER
6.1.1 In order for the Platform to display the Vendors available in your delivery area, you are required to enter your desired delivery address in the relevant section of the Platform.
6.1.2 Once you choose a Vendor, you will be redirected to its page where you can select and add Goods to your shopping cart.
6.1.3 Be advised that your Order may be subject to additional terms and conditions set by the Vendor and thus form part of the Mediated Contract.
6.2 PLACING AN ORDER
You can only place an Order if you are logged in to your Account. To complete your Order, follow the on-screen instructions after clicking the “Go to Checkout” button. The system may ask you to provide additional information to complete the Order. Before clicking the “Order with payment obligation” button, you are required to check and confirm that all the Information you entered, including the amounts, delivery details, personal details, payment details and any discount codes (if granted) are true, accurate and complete. An Order is successfully placed when you receive an Order confirmation via email.
The procedure leading to the completion of the Order regarding the purchase of tobacco products and electronic cigarettes is described in more detail in Article 9 of these Terms and Conditions.
6.3 ORDERING PROCESS
When you place an Order through our Platform, you are entering into a purchase contract (Mediated Contract) directly with the Seller. The Purchase Contract between you and the Seller is concluded after the Seller accepts your Order, except for the Purchase Contract relating to the purchase of tobacco products and electronic cigarettes (the conclusion procedure is set out in Article 9 of these Terms and Conditions). After the conclusion of the Mediated Contract, we will inform you by a confirmation via an in-app notification and/or email and/or any other method you have enabled in your account settings. Upon receipt of your Order, a delivery confirmation/receipt/proof of purchase will be sent to the email you have provided. In addition to the price for the Goods, the Order will also include any delivery fees, service fee and any applicable tax (e.g. value added tax etc.), if applicable. If Goods are delivered directly by the Vendor, the Vendor will issue you a tax receipt for the delivery fee. Services provided by foodora, including the service charge, and the delivery fee in the case of import services provided by us, will be charged by foodora by a tax receipt.
6.4 MINIMUM ORDER VALUE
Some Vendors require a minimum Order Value (“MOV”) before you are allowed to order and receive the Goods. If the relevant Order is below the MOV, you will have the option to pay up the difference to meet the MOV or add additional Goods to the Order.
6.5 SPECIAL REQUIREMENTS
You can request the Vendor to change the Goods according to your needs by using the appropriate function (instructions) to make any changes in the Goods offered by the Vendor. If this function is used, the Vendor will try to satisfy your requirements, insofar as it is feasible, commercially reasonable and justified. You hereby acknowledge that the Vendor will not bear any liability in this respect for any Order that fails to meet your special requirements.
6.6 ALLERGENS
Goods listed and offered on the Platform may contain allergens. If information about ingredients or allergens is provided on the Platform, it is provided by the relevant Vendor, who is also responsible for its accuracy. If you have any allergies, allergic reactions or dietary restrictions and requirements, please contact the Vendor before placing an Order on our Platform using the contact details of the Vendors listed on the Platform in the relevant Vendors section and/or contact us via the help center on the Platform in the user section of your Account and/or via the email address [email protected]. Customer support will provide information on the exact allergens in the respective Goods, if applicable. This information provided by the Seller is also available to Customers at the time of delivery by the relevant delivery person.
6.7 CANCELLING AN ORDER;
If you wish to cancel an Order you placed, please contact us immediately via the customer support chat in the application. You have the right to cancel your Order provided that the Vendor has not yet accepted it. This is without prejudice to your right to withdraw from the contract in accordance with generally applicable regulations and Section 24 of these Terms.
6.8 REFUND
6.8.1 ONLINE PAYMENT METHOD (INCL. TWISTO PAYMENTS)
You have the right to a refund for a cancelled Order only if the Vendor has not yet accepted your Order. If you decide to cancel your Order after the Vendor has accepted it, you acknowledge that no refund (whether full or partial) will be granted and you will lose the right to delivery of your cancelled Order. Nothing in this Section will prejudice your statutory right to withdraw from a contract as set out in Section 24 of these Terms.
6.8.2 CASH ON DELIVERY (PAYING ORDER WHEN DELIVERED BY A COURIER)
You have the right to cancel the Order only if the Vendor has not yet accepted it. If you choose to cancel your Order after the Vendor has accepted it, you acknowledge that you will lose your right to delivery of the cancelled Order and cash on delivery may be removed from the list of available payment methods for your future Orders. Nothing in this Section will prejudice your statutory right to withdraw from a Mediated Contract as set out in Section 24 of these Terms.
6.9 PARTIAL ORDER FULFILMENT
As we make all efforts reasonably required by us to offer all Goods of the Vendor on our Platform, this may not always be the case. Therefore, the Platform has a feature that gives you the choice of automatically cancelling the entire Order in the event that the Vendor unfortunately does not have the Goods you have ordered on the Platform. This feature also gives you the option to set that in the event of unavailability of any of the Vendor's Goods, you will receive the Order without the Goods that are unavailable at the Vendor, i.e. that only a part of the Order will be cancelled to the extent of the unavailability of the Vendor's Goods. This function is always available in the details (description) of the individual Vendor's Goods advertised via the Platform.
7. 1 DELIVERY AREA
You acknowledge that Vendors only offer their Goods in certain delivery areas. The delivery areas vary for each Vendor. Once you enter a delivery address on the Platform, you will see the available Vendors at the given time. Delivery areas may be expanded, reduced or changed depending on various conditions such as: weather, traffic, force majeure, etc.
7.2 USING PHONE NUMBER FOR DELIVERY
You acknowledge that you will be contacted by the Vendor or foodora by email or over-the-phone at the number you have provided to foodora, in accordance with the privacy policy published and freely available on the Platform, for the purposes of the performance of the Mediated Contract. The User is therefore obliged to expect to be contacted by the delivery person (courier) within the delivery period described in Article 7.3 of these Terms of Use until the Goods are delivered.
7.3 DELIVERY TIME
Foodora and/or the Vendor (depending on who makes delivery) will deliver your Order to the delivery address you provided. If the Platform indicates that it is available, you may choose to have your Order delivered “As soon as possible” or scheduled to be delivered at a specific time (Pre-Order). The estimated delivery time will be communicated to you in the confirmation email and also displayed on the Order tracking page. However, the delivery time depends on factors beyond our control (e.g. Order quantity, distance, time of day (peak hours), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of your Order by going to the “My Orders” section on the Platform. You acknowledge that the delivery time indicated is only an estimate and Orders may arrive earlier or later. Make sure that you or your representative are in the delivery location after placing the Order and wait for and receive the Order at the delivery location, otherwise you can miss the delivery. If your Order contains any Restricted Goods (as defined in Section 9.1 below) and you or your representative are not of legal age or provide valid identification, foodora reserves the right to reject delivery to you or your representative and to cancel the Order.
7.4 UNSUCCESSFUL DELIVERY OF GOODS
You are required to be at the place of delivery confirmed in the Order during the period between the Vendor's acceptance of the Order and delivery of the Order. The Delivery Person will contact You by telephone at the first attempt to deliver the Order to the Delivery Location once it is in the immediate vicinity of the Delivery Location. In the event that the delivery person is unable to reach you by telephone on the first delivery attempt, the delivery person will remain at the delivery location for 4 (four) minutes and attempt to contact you again by telephone. After two unsuccessful attempts by the delivery person to contact you, the delivery person will contact our customer support who will try to contact you again by telephone. If the delivery person still fails to deliver the Order to you, the delivery person will leave the delivery location and the Vendor and/or we shall be entitled to cancel the Order without refund. This is without prejudice to Your right to withdraw from the Mediated Contract pursuant to clause 24 of these Terms of Use.
7.4.1. If you thwart delivery of an Order and the Goods being delivered are perishable (e.g. fruit, vegetables or food of animal origin) or have been irretrievably mixed with other Goods and/or were modified according to your wishes, foodora and/or the Vendor will be entitled to cancel the Order without refund and to charge the full price of the relevant Order and to set it off against the funds you already paid.
7.4.2 Where the subject of the Order is not the Goods referred to in paragraph 7.4.1., we and/or the Partner are also entitled to cancel the Order, whereby we and/or the Vendor are entitled to demand and charge you a lump sum reimbursement of the costs associated with the delivery and shipping of the Order in the amount of CZK 400. We and/or the Vendor will be entitled to set off this amount against the funds from the Order already paid. We and/or the Vendor will refund any excess funds to you.
7.4.3. If we and/or the Vendor cancel an unpaid (online) Order under the above rules containing (i) perishable Goods and/or (ii) Goods that have been irretrievably mixed with other Goods after delivery and/or (iii) Goods that have been modified according to your wishes, the amount corresponding to the full price of the Order will constitute a receivable of foodora and/or the Vendor from you.
7.4.4. If we and/or the Vendor cancel an unpaid (online) Order in accordance with the above rules containing Goods not listed in Article 7.4.3 of these Terms of Use, the lump sum amount of the reimbursement of the shipping and delivery costs of the Order set out in Article 7.4.2 of these Terms of Use will constitute our or Vendor´s receivable from you.
7.4.5. If we and/or the Vendor cancel an unpaid (online) Order in accordance with the above rules containing Goods not listed in Article 7.4.3 of these Terms of Use, but the amount of which does not exceed the lump sum reimbursement of the costs associated with shipping and delivery of the Order referred to in Article 7.4.2. of these Terms, the amount corresponding to the difference between the amount of the reimbursed costs associated with the delivery and shipping of the Order and the amount of the paid Order will be our or the Vendor´s receivable from the User.
7.5 WRONG ORDER, MISSING GOODS, DEFECTIVE GOODS
If, after receipt of your Order, you discover that the Goods are defective (poor quality, missing items, etc.) please contact our customer support without undue delay (immediately). In some cases, foodora may require you to provide relevant photographs and/or other information about the circumstances as proof to allow proper investigation of the issue. If it is demonstrated that the performance of the Mediated Contract was defective, we will proceed in accordance with generally binding regulations to remedy the defects you claim.
7.6 DELIVERY OF GOODS BY THE VENDOR
In some cases, the Goods will be delivered to you by our Vendors (hereinafter “Vendor Delivery”). You will be notified in such a case on our Platform on the relevant Vendor´s page. Where Vendor Delivery is concerned, we may ask you to contact the Vendor directly in the event of a problem. In this context, foodora will not be liable for the performance of the Mediated Contract and/or the Goods that are delivered by the Vendor, unless otherwise stated in Article 16 of these Terms of Use.
7.7 CONTACTLESS DELIVERY
You may choose (for some of the Goods offered) contactless delivery (delivery of the Order to the front door of the designated delivery address without personal contact) as one of the delivery options. In this context, foodora will not be liable for any theft, damage, contamination and/or other deterioration of the Goods that occurs after delivery.
7.8 PRIORITY DELIVERY
You are entitled to select priority delivery when choosing a delivery method, which is charged at the amount indicated in the web interface. The priority delivery service is a chargeable service which guarantees that the delivery person will travel with your order directly from the point of dispatch to the point of delivery without any intermediate stop (e.g. delivery of another parcel). The delivery time indicated when selecting the priority delivery service is only indicative and is mainly dependent on external factors.
8.1 PERSONAL PICK-UP PROCESS
Where the Platform allows personal pick-up, you will have the option to pick up your Order in person at Vendor premises (hereinafter “Personal Pick-Up”) instead of having your Order delivered to you by either us and/or the Vendor. Your email confirmation will state when you can pick up your Order (hereinafter “Pick-Up Time”). The Vendor will prepare the Order for pick-up by the Pick-Up Time. In certain cases, reasonable delays can be expected. Vendor agrees to hold the Order for you at its premises for no longer than thirty (30) minutes from the designated Pick-up Time (hereinafter “Waiting Time”) and is not obligated to provide the Order to you if you fail to pick it up within the Waiting Time. In the event you fail to pick up the Order within the Waiting Time, we and/or the Vendor will be entitled to cancel the Order without refund. For this purpose, Article 7.3 of these Terms of Use applies analogically.
8.2 LIABILITY
In the event of unreasonable delay in picking up your Order due to your fault, you bear the risk of damage to or loss of the Goods or deterioration in the quality or change in the condition of the Goods (e.g. change in temperature suitable for consumption). In this case, you will not be entitled to a refund or replacement. You are solely responsible for inspecting the Goods/Order at pick-up and you must report any problems and/or defects to the Vendor before leaving the Vendor premises.
9.1 RESTRICTED GOODS
Certain Goods, such as alcohol, tobacco products and, offered by Vendors on our Platform may be subject to purchase restrictions (hereinafter “Restricted Goods”).
9.2 PROOF OF AGE
Where there is a legal age limit for the purchase of Restricted Goods, foodora, the delivery persons and/or the Vendor or their delivery persons, as applicable, reserve the right to:
9.2.1. at delivery, ask for a valid ID (e.g. ID card) that shows your age;
9.2.2 Cancel the Mediated Contract and refuse delivery if you are unable to prove you have reached the minimum legal age.
9.3 FURTHER RESTRICTIONS
In certain circumstances, additional restrictions may apply when purchasing Restricted Goods as required by law. In such cases, foodora, the delivery persons, the Vendor and their delivery persons, where applicable, reserve the right to:
9.3.1. request proof or confirmation of any other applicable restriction as stated directly on the Platform; and/or
9.3.2. refuse delivery to any person for any reason.
9.4 CONTACTLESS DELIVERY OF RESTRICTED GOODS
Restricted Goods cannot be picked up in person.
9.5 AGE VERIFICATION SYSTEM
Foodora, as the entity operating the Platform facilitating the conclusion of purchase agreements between Sellers and Customers through remote communication means, is equipped with a computer system that can reliably verify the consumer's age at the time of sale in the manner described below.
Placing an Order containing Tobacco Products via the Platform from the Seller is only available to Customers who have a properly registered User Account on the Platform. Only registered users are allowed to add tobacco products to their shopping cart on the Platform.
The mediated agreement between the Seller and the Customer regarding the purchase of Tobacco Products is only formed upon the Seller’s acceptance of the Order. The acceptance of the Order for Tobacco Products by the Seller occurs when the Seller confirms the Order through the Platform and acknowledges its receipt, sent to the email address provided by the Customer in the Order. The acceptance of the order for Tobacco Products is subject to the suspensive condition of the Customer's age verification as provided for by these Terms and Conditions.
If age verification does not occur, the Seller’s acceptance of the Order for Tobacco Products does not become effective, and the mediated purchase agreement for Tobacco Products between the Seller and the Customer is not concluded. Any payment made by the Customer for Tobacco Products through the Platform is only a deposit towards the purchase price of the Tobacco Products, and in the event that age verification does not occur, Foodora will promptly return the deposit to the Customer.
The age verification process for the sale of tobacco products occurs as follows:
Age verification during the first Order: Before submitting the Order on the Platform, the Customer will be asked to enter their date of birth. Prior to delivering the first Order containing Tobacco Products, the delivery person will verify the Customer’s age using an electronic system accessible via an application on the delivery person's mobile device. The data is not stored in the mobile phone application but is instead saved directly into the Platform’s internal computer system through an application interface.
At the delivery location, the Customer must present their identification (passport, ID card) to the delivery person, who will verify the Customer’s identity and age by viewing the ID and entering the date of birth into the internal computer system to match the data registered for the Customer (their user profile).
When ordering Tobacco Products, only the Customer can receive the Tobacco Products (there is a clear identification of the person). If the Customer's age is not verified, the delivery person is not authorized to hand over the Tobacco Products or accept payment for them. The Tobacco Products will, therefore, be removed from the Order before it is handed over to the Customer, and the total purchase price will be reduced by the price of the Tobacco Products.
Age verification for repeated Orders containing Tobacco Products: When handing over any subsequent Orders containing Tobacco Products (if the Customer is receiving the purchase), the stored data is re-verified. The Customer presents their identification (passport, ID card) to the delivery person, who again verifies the Customer’s identity and age by entering the date of birth (day, month, and year).
If the date of birth entered during a repeat Order does not match the stored data, the delivery person will re-verify the Customer’s identity and age as if it were their first Order. The delivery person will follow the same procedure if someone other than the Customer receives the Order (during repeat deliveries to the same person, the delivery person follows the process for age verification for repeat purchases).
10.1 PRICE AND TAXES
Prices indicated by Vendors on the Platform are displayed in Czech korunas and are subject to applicable value added tax.
10.2 PRICE DISPLAY
You acknowledge that the final price of the Order is displayed after rounding to whole korunas in accordance with applicable law. A detailed breakdown of the purchase price, including hellers (halíře), is always provided on the delivery note and on the receipt issued by the Vendor. The prices listed on our Platform always include relevant taxes in accordance with applicable legal regulations.
10.3 BREAKDOWN OF PRICES AND FEES
A breakdown of prices and other fees will be displayed on the Platform summary page before the Order is completed. When placing an Order, you agree to all amounts, additional fees and the final price that will be displayed on the Platform at the last step.
10.4. DELIVERY FEE
A delivery fee is always charged for each Order unless:
10.4.1 you select personal pick-up (if allowed by the Vendor);
10.4.2. you have a valid discount code and apply it at the checkout; or
10.4.3. otherwise stated on the Platform (e.g. free shipping).
10.5 SERVICE FEE
Foodora charges a service fee for the services rendered. This service fee will be used to continuously improve our overall service, including providing a wider selection of vendors and continuous customer service.
10.6 PRICE ADJUSTMENTS
The prices listed on the Platform are valid at the time the Order is placed. Prices are subject to change.
10.7 RETURNABLE PACKAGING DEPOSIT
10.7.1 Any deposits charged by law for returnable packaging are automatically added to the price of the Goods. The amount of the deposit will be shown below the price of the Goods before they are ordered and will again appear in the Order summary.
10.7.2 You are entitled to return all returnable packaging subject to deposit to the relevant Vendor and/or in locations legally obliged to collect returnable packaging.
10.7.3 Returnable packaging may be returned at the Vendors´ premises under the terms and conditions of the respective Vendors.
10.8 PACKAGING FEE
Packaging fees are included in the purchase price of the purchased Goods.
10.9 MISCELLANEOUS
In some cases, foodora may restrict the Vendor to offer different prices on its own online channels in order to allow foodora to continuously build and maintain the trust of its customers and operate a profitable business model, ensuring that the customers can continue to benefit from the efficiency of the Platform with respect to reduced search costs, improved selection of Goods and high-standard service. Foodora continuously invests in the development and improvement of the Platform to attract more customers. The aforementioned restrictions can help to prevent the Vendors from exploiting the Platform and thus balance the benefits gained by the Vendor from joining the Platform (in terms of visibility, cost savings).
11.1 DUTY TO PAY
Under the Mediated Contract concluded between you and the Vendor, you are obliged to pay the Vendor the purchase price for the Goods, and to pay us and/or the Vendor a fee for delivery of the Goods and a service fee, using the payment methods set out below.
11.2 PAYMENT METHODS
You will pay the purchase price for Vendor´s Goods and any other associated costs (delivery fee, service fee, packaging, etc.) in one of the following ways:
11.2.1. Non-cash by credit card in advance through the secure online payment gateway provided by Adyen N.S., which is part of the Platform;
11.2.2. cash on delivery;
11.2.3Twisto payments (specified below);
11.2.4. Meal tickets (maximum 5 per Order), if allowed by the nature of the Goods purchased;
11.2.5. by other means as per the current Portal offer.
You hereby acknowledge Vendors´ right to use different payment methods through the Platform.
11.3 NON-CASH PAYMENT BY PAYMENT CARD
If you choose to pay for your Order by payment card, please follow the steps indicated by the relevant online payment gateway during the payment process. We are not obliged to procure the Goods to you and the Vendor is not obliged to provide you with the Goods from the Order before the purchase price of the Goods has been paid. If you intend to use our online payment gateway operated by Adyen N.S., located at Carmiggeltstraat 6-50, 5th floor, Amsterdam, The Netherlands, to pay the purchase price for the Goods, you are required to read the applicable terms and conditions governing its use. The online payment gateway of Adyen N.S. is operated exclusively by Adyen N.S., meaning that neither foodora nor the Vendor will be liable for any damage you incur in the use of this payment system.
With your consent, your credit card/payment information will be stored with our payment service provider(s) for future Orders. In this context, foodora will not store your credit card or payment information.
11.4 CASH ON DELIVERY PAYMENT METHOD
If you choose to pay for the Order in cash on receipt of the Goods, the purchase price for the Goods is payable on delivery of the Goods from the Mediated Contract. The purchase price for the Goods will be deemed paid when the relevant amount is paid to the delivering person/at pick-up of the Goods.
11.5 PAYMENT BY MEAL TICKETS
If you choose the to pay for the Order by meal tickets, or by meal card, you undertake that you will only order Goods through the Portal that can legally be paid for by this means of payment (food, etc., not alcohol, cigarettes, etc.).
You hereby acknowledge that if you choose the method of payment by meal tickets to complete an Order placed via the Platform, the Vendor may not be able to accept the issuer of the paper meal tickets chosen by you. In such a case, you are required to pay the purchase price in cash to the person delivering the Order.
11.6 VOUCHERS
You are allowed to pay the purchase price of the Goods with discount codes generated in a certain nominal amount, granted to you by foodora as part of its customer care or otherwise. Failure to use the discount code in its full amount will result in the forfeiture of the remaining amount of the discount code. You acknowledge that the discount code can only be redeemed when you make a non-cash card payment through the Platform´s payment gateway. Only one discount code can be used per Order. For more information on the conditions of use of discount codes, please refer to Article 13 of these Terms.
11.7 OTHER PAYMENTS METHODS
Foodora reserves the right to offer you additional payment methods and/or cancel existing payment methods at any time at its sole discretion.
11.8 LIABILITY FOR PAYMENTS
If you choose the advance non-cash payment method by payment card, you are required to have sufficient funds on that payment means to complete the Order. Foodora assumes liability for payments made via the Platform, including any refunds, chargebacks, dispute resolution, etc.
11.9 PAYMENT SERVICES
Foodora does not provide any payment services to you or to third parties. All non-cash payments are processed through your issuer/payment service provider and/or through a payment service provider cooperating with foodora.
11.10 TWISTO PAYMENT METHOD
If you choose the “Twisto” payment method as a form of payment for the purchase price of the Vendor´s Goods, the following terms and conditions apply together with these Terms of Use:
11.10.1 The Twisto payment method is provided by PAYU S.A., with the registered office at 60-166 Poznan, ul. Grundwaldzka 186, Poland, in cooperation with Twisto payments a.s, ID NO: 01615165, with its registered office at Újezd 450/40, Malá Strana, 118 00 Praha 1 (hereinafter “Twisto”), and allows to postpone the due date of your payment for the purchase price of the Goods. If you use this “deferred payment” service, your receivable payable to the Vendor arising from payment of the purchase price and the associated fees for the Vendor´s goods will transfer to Twisto upon your instructions, provided that after assignment of the receivable, the purchase price and all associated fees for the Vendor´s Goods will be paid by Twisto instead of you under the terms and conditions available at: Twisto General Terms and Conditions.
11.10.2 In the event that you use the Twisto payment method, you are obliged to pay the purchase price and associated fees for the Goods to Twisto within 30 days from the date of use of the Twisto service and/or within 45 days from the date of use of the Twisto account.
11.10.3 By using the Twisto payment method, you agree to the Twisto General Terms and Conditions set out in Article 11.7.1 of these Terms of Use. You expressly agree to the assignment of your receivable for the Purchase Price and associated fees for the Vendor´s Goods to Twisto, and to the use of this non-cash payment method. By using the Twisto non-cash payment method, you enter into a contract with Twisto for the provision of an online payment service in accordance with Twisto´s General Terms and Conditions as set out in Article 11.7.1 of these Terms.
11.11 PAYMENT OF WEIGHTED GOODS BY PAYMENT CARD
If you add Goods sold by weight to an Order via the Platform, we and/or the Vendor do not know their exact weight. The price of the Weighted Goods is always quoted on the Platform in whole units of measure (i.e. 100g, 1kg, etc.). The final price of the Weighted Goods will be determined by the actual weight of the Goods we and/or the Vendor weigh when preparing the Order. We and/or the Vendor will use all reasonable efforts reasonably required by us to place Goods in your Order at the weight you have requested. As it is not always possible to deliver weighted Goods at the required weight, a temporary blocking deposit of 5% of the price of your chosen weighted Goods will be temporarily charged (pre-authorized) to cover any increase in price due to a variation in weight. This will result in a temporary hold being placed on your payment card in the amount of the purchase price for all Goods including 5% of the purchase price of all eighted Goods. The Platform's user interface will inform you transparently of the amount of this blocking deposit for your security. If the Weighted Goods selected by you weigh less than you requested as part of the Order, the difference in price will be unblocked and released to your payment card. If the weighted Goods in the Order weigh more than you requested, we will use the blocking deposit to pay the difference. Any unused blocking deposit will be unblocked and released to your payment card.
11.12 PAYMENT OF WEIGHTED GOODS IN CASH
If you add Goods sold by weight to an Order via the Platform, we and/or the Vendor do not know their exact weight. The price of weighted Goods on the Platform is always quoted in whole units of measure (i.e. 100g, 1kg, etc.). The final price of the weighted Goods will be determined by the actual weight of the Goods we and/or the Vendor weigh when preparing the Order. We and/or the Vendor will use all reasonable efforts reasonably required by us to place Goods in your Order at the weight you have requested. The price for the weighted Goods will be advised to you by the delivery person at the place of delivery if payment is made in cash. Therefore, it is possible that the price of the weighted Goods will differ slightly from the price we display to you on the Platform. For this purpose, we will add 5% of the price of the weighted Goods to inform you of the maximum price you can expect for the weighted Goods. However, you will pay the actual price to the delivery person at the place of delivery according to the weight of the weighted Goods. You will not lose an extra penny.
Tips are intended for the person delivering the Goods and are not deemed a payment for the Goods. Foodora only collects the tips on behalf of the delivery person. The relevant function of the Platform called “Tips” is only available for the delivery of Goods by foodora and not by the Vendor. Tips given to delivery persons are not a part of foodora´s income.
13.1 MARKETING AND PROMOTIONS
Foodora may from time to time run marketing campaigns and promotions. You will be offered discounts or promotional codes (hereinafter “Discount Code”) redeemable only on the Platform. These Discount Codes may be limited in time and in some cases can only be used once. Other marketing promotions may be described here.
13.2 VALIDITY
The Discount Code may not be valid when used in combination with other promotions, discounts or other Discount Codes. Discount Codes may be subject to additional terms and conditions.
13.3 REDEEMING DISCOUNT CODES
Unless otherwise stated, Discount Codes can only be redeemed on our Platform.
13.4 LIMITATIONS
The Discount Code cannot be redeemed for cash and will always be provided free of charge.
13.5 RESERVATION OF RIGHTS
Foodora reserves the right to cancel, discontinue or refuse any Discount Code without prior notice. The Discount Code may be subject to the terms and conditions of individual vendors.
13.6 PARTICIPANTS
We may exclude certain Vendors from using Discount Codes at any time without prior notice to you. We will always inform you of such exclusion before you become bound by the respective contract.
13.7 PROHIBITED ACTIVITIES AND CONDUCT
With respect to the right to a Discount Code or the right to receive a Discount Code, the resale of the Discount Code and/or any other act of giving or receiving consideration by third parties in any way (including through the online marketplace) is prohibited. If such conduct or suspected conduct becomes apparent, foodora may withdraw the discount code, suspend your or other involved parties' foodora Account and/or take any action.
13.8 FURTHER TERMS AND CONDITIONS
Further terms and conditions relating to the Discount Code are available here.
14. 1 INTELLECTUAL PROPERTY
All trademarks, logos, images and service marks, including these Terms, as displayed on the Platform or in our marketing materials are the intellectual property of foodora and/or third parties who have granted us permission to use such proprietary rights (collectively “Intellectual Property”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify in any way such Intellectual Property without our prior express written consent. The use of our intellectual property rights, including but not limited to foodora trademarks and the copyright in the foodora logo, on other websites not authorized by us is strictly prohibited. Foodora will be entitled to enforce its Intellectual Property Rights with prejudice to the fullest extent of the law, including reporting a possible criminal offense in the event of unauthorized use of our Intellectual Property. Foodora does not warrant or represent that use of your materials posted on the Platform will not infringe or constitute an abuse of any third-party rights not owned by foodora or its affiliates. The use and publication of any of your Materials on the Platform is at your own risk.
14.2. OWNERSHIP
Foodora is the exclusive owner of the Platform.
14.3 COPYRIGHTED WORK
The Platform is a copyrighted work within the meaning of Act No. 121/2000 Coll., the copyright act, as amended. Foodora exercises all proprietary rights in the Platform.
You acknowledge and agree that the content on the Platform is provided “as is” and that your use of or reliance on the Platform and any content, goods, products or services you access or acquire through the Platform is at your own risk and discretion. Although foodora uses reasonable efforts to ensure uninterrupted availability of the Platform and the services and/or goods offered, we do not guarantee or represent that the Platform will be provided in a manner that is secure, timely, uninterrupted, error-free, free of technical difficulties, defects and/or viruses. Please expect temporary interruptions to the Platform due to scheduled or periodic system maintenance work, failures caused by internet or electronic communications or force majeure events.
In light of the above, but always subject to Article 16.1, foodora will in no way be liable for any delays, failure to deliver or any damage, loss or injury arising from any difficulties associated with the use of the Platform, internet and electronic communications.
16.1 LIABILITY OF FOODORA
16.1.1. Foodora is not a party to the contractual relationship between you and the Vendor. In this context, foodora will not be liable for the fulfilment of the obligations under the Mediated Contract (Order), nor for any damages you incur under or in connection with the Mediated Contract.
16.1.2. Foodora rents the Platform to Partners and is not responsible for any defects in the content or appearance of the materials published by you on the Platform. Foodora is not responsible for the completeness, accuracy, truthfulness of the materials and information published by Vendors on the Platform, nor for any conduct constituting unfair competition of the Vendor through the Platform or infringement of moral rights or copyrights. All prices displayed on the Platform are purchase prices for the Goods. Foodora will not be liable for any damages arising from the use of information published on the Platform.
16.1.3. Foodora is only liable for deliberate and gross negligence according to the relevant legislation. Foodora will only be liable for infringements committed by it deliberately and/or with gross negligence in accordance with the relevant legal provisions. In the event of property damage and financial loss caused by a negligent breach of a fundamental duty, foodora will only be liable for foreseeable damage that can normally be expected when providing the service in accordance with these Terms of Use.
You agree to indemnify and hold harmless foodora, its directors, officers, delegates, delivery persons, employees, representatives, agents and affiliates from and against any third-party claims, liabilities, damages and/or costs (including, without limitation, legal fees) arising out of your unlawful use of the Platform or violation of these Terms of Use.
18.1.1. The Platform may contain links to other third-party websites, applications or advertisements and by clicking on such links you agree to access them at your own risk. Foodora does not control or endorse such third-party websites, links, applications or advertisements and is not responsible for the content of such linked sites. Subject to Article 16 of these Terms of Use, foodora will not be liable for any loss or damage that you may incur in connection with your access to and use of such third-party links, websites, applications or advertisements.
18.1.2 When ordering Goods through the Platform, you hereby acknowledge that you will not take part in a loyalty program of any of the Vendors, nor can you use or redeem discount vouchers, e-vouchers, gift coupons or any other coupons issued by the Vendor.
By accepting these Terms, you agree not to resell or assign your rights or obligations under these Terms. You also agree not to make unauthorized commercial use of the Platform.
20.1 VENDOR LIABILITY
20.1.1. The Vendor is directly liable for the preparation, condition and quality of the Goods and for the accuracy and completeness of the information (including, without limitation, menu information, photographs and images of the Goods) provided by the Vendor on our Platform. When Goods and/or Orders are delivered by the Vendor, the Vendor will also be responsible for the proper delivery of the Goods.
20.1.2. Notwithstanding Article 16 of these Terms, foodora will not be liable for the acts or omissions of the Vendor or for your acts or omissions in connection with the sale and subsequent delivery of the Goods if your Order is delivered by the Vendor. Foodora assumes no responsibility for the quantity, quality, condition or other representations about the Goods and/or services provided by the Vendor, nor will foodora guarantee the accuracy or completeness of the information (including menu information, photographs and images of the Goods) provided in the Vendor´s profile on the Platform. No provision of these Terms excludes the liability of the Vendor for death or personal injury resulting from gross negligence or willful misconduct of the Vendor.
20.2 LIABILITY FOR DEFECTIVE GOODS
The rights and obligations between the Vendor and you arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of Act No. 89/2012 Coll., the civil code, and Act No. 634/1992 Coll., on consumer protection, as amended). If you are a consumer, you have the right to exercise your rights arising from defective performance with the Vendor in connection with the Mediated Contract (generally at the address of the Vendor´s establishment where the exercise of rights of defective performance is possible with respect to the range of Goods sold, if applicable, at the Vendor´s registered office or place of business and/or via the contact details provided by the Vendor on its profile on the Platform) and/or via our help center and/or at our email address [email protected], taking into account the fact that the subject of the Mediated Contract may be the purchase of perishable Goods (food, beverages, groceries).
You acknowledge and agree that the availability of the Platform may depend on the third party that granted you license to the application, such as the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that this agreement is concluded between you and foodora and not with the App Store. Subject to Article 16 of these Terms, foodora, not the App Store, is solely responsible for the Platform, including the mobile application(s), its content, maintenance, support services and warranty, and the resolution of any related claims (such as product liability, regulatory compliance or intellectual property infringement). You need access to the internet in order to use the Platform and you agree to pay any fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Platform. You agree to comply with all applicable third-party terms and conditions (e.g., App Store terms and policies) when using the Platform, and your license to use the Platform is contingent on your adherence to such terms and conditions.
You acknowledge and agree that each app store (and its affiliates) is an intended and designated third party possessing the right to enforce the terms and conditions of these Terms.
Foodora has the right to terminate, suspend or delete your Account and your access to or use of the Platform, including any delivery services we provide to you in connection with any Order, for any reason, including, without limitation, if foodora, in its sole discretion, deems your use of the Platform unacceptable or in the event of any violation of these Terms of Use by you. Foodora may, but is not obliged to, notify you before terminating your use of the Platform.
Foodora is entitled to amend these Terms of Use at any time at its sole discretion. In such event, foodora will inform you of the amendments to these Terms of Use in a manner allowing you to get acquainted with such amendments without undue difficulty (by email, posting on the Platform, etc.).
24.1 Pursuant to the provisions of Section 1829 of the Civil Code, you have the right to withdraw from the Mediated Contract within 14 days of receipt of the Goods, or even of a single item of goods, without giving any reason.. In the event of withdrawal from the Mediated Contract, you may hand over the Goods immediately to the person who handed them over, regardless of whether delivery is provided by us and/or the Vendor, and if not possible, you notify us with your withdrawal from the Contract via email to [email protected] and send the Goods at your expense to the Vendor´s address (generally at the Vendor´s registered office or place of business and/or via the contact details provided by the Vendor on its Platform profile). The cancellation period will be deemed to have been met if you return the Goods to us within 14 days of receipt. If you withdraw from the Mediated Contract, we will return to you all the monies received from you under the Mediated Contract without undue delay and no later than 14 days after the date of your withdrawal from the Mediated Contract. We will use the same means of payment that you used to make the original transaction to return the funds, unless you have expressly stated otherwise. You may withdraw from the Mediated Contract by sending a clear statement to foodora. When withdrawing from the Mediated Contract, you can also use the model form, which current version is available in PDF and DOCX.
24.2. For the avoidance of doubt, foodora represents, in accordance with the relevant provisions of the Civil Code, that it is not possible to withdraw from the Mediated Contract without giving any reason within 14 days in respect of perishable Goods (e.g. fruit, vegetables or food of animal origin) or Goods which have been irretrievably mixed with other Goods after delivery. Fruit and vegetables which have a country of origin other than that indicated on the Platform on the packaging are an exception to this rule. Furthermore, you may not withdraw from the Mediated Contract if Goods are concerned that were delivered in a sealed package and have been removed from the packaging and cannot be returned for hygienic reasons. You also may not withdraw from a Mediated Contract for the supply of newspapers, periodicals or magazines, as well as for the supply of an audio or visual recording or a computer program, if you have damaged their packaging. In the event of a valid withdrawal from the Mediated Contract, the price of the Goods or a pro rata part thereof will be refunded to you within 14 days of the return thereof in the manner in which you paid for the Mediated Contract or in the manner you choose, including the cost of delivery of the Goods or a pro rata part thereof, all in accordance with the rules laid down by the applicable legal regulations.
Any personal information you provide to us will be handled in accordance with our privacy policy.
No joint venture, partnership, employment or agency relationship is established between you, foodora or any Vendor under these Terms of Use or as a result of use of the Platform.
27.1 FULFILMENT OF ORDERS
Your complaints regarding the Offer, the Order or the performance of the Mediated Contract with the Vendor should be exercised directly with the Vendor. The Vendor will be solely responsible for the Vendor´s offer and performance of the Mediated Contract concluded with you, subject to Article 16 of these Terms of Use. The relevant contact details of the Vendor are available in the corresponding section of the Vendor´s profile.
27.2 FOODORA SERVICE
If you have any complaints regarding the services provided by foodora, please contact our customer support via email at [email protected] or through our help center in the relevant section of the Platform and/or foodora applications.
28.1 You may rate the performance of the Vendor on our Platform via the Platform. Please note that your review must not contain radical, sexist, offensive, defamatory or otherwise unlawful content and must not otherwise infringe third-party rights (including intellectual property rights). If your review violates the above or similar criteria, we reserve the right to remove it.
28.2 You may review Partners via the Platform when you (i) have a verified Account on the Platform that is properly linked to your email; (ii) have placed an Order in the last 5 (five) days; (iii) the Order has been properly delivered to you.
28.3. One review of a Partner per one specific Order is permitted.
28.4 Your review will be displayed for a period of 6 (in words: six) months from posting. Reviews are partially processed automatically and/or manually, and may take up to 30 days to process from submission. Reviews found to be in violation of these Terms of Use, containing questionable statements, religious or political content, suspected fraudulent behavior, and/or promoting direct competition to Foodora will not be displayed.
29.1 GOVERNING LAW
All legal relations arising under these Terms or in connection with the Platform will be governed by the laws of the Czech Republic, regardless of the location of access to and use of the Platform.
29.2 OUT-OF-COURT SETTLEMENT OF DISPUTES - ADR
The Czech Trade Inspection Authority, with the registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz, is competent to settle out-of-court disputes.
29.3 SEVERABILITY
If any provision of the Terms of Use is or becomes invalid or ineffective, such invalid provision will be replaced by a provision that most approximates the invalid provision in terms of its meaning. The invalidity or lack of effect of any provision is without prejudice to the validity and effect of the remaining provisions.
29.4 LANGUAGE
These Terms of Use are governed in Czech and English. If case of dispute between these two languages the Czech version shall prevail.
29.5 EFFECT
These Terms of Use enter into effect on 16. 9. 2024.