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I. Scope of application, contract language
(1) These General Terms and Conditions (GTC) apply to the contracts concluded via this online shop between you and us, the company EatHappy ToGo GmbH, Hohenzollernring 31-35, 50672 Cologne, Local Court of Cologne HRB 78266, VAT number DE293743681, represented by the Managing Director Jan Fischer. Legal Notice
(2) The only language available for concluding the contract is German.
II. Applicable law, mandatory consumer protection provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, if
- you have your habitual residence in Germany, or
- your habitual residence is in a state that is not a member of the European Union.
(2) In the event that you have your habitual residence in a member state of the European Union, the applicability of German law likewise applies, whereby mandatory provisions of the state in which you have your habitual residence remain unaffected.
III. Conclusion of contract
(1) The presentation of the goods and services in our online shop does not constitute a legally binding offer, but rather an invitation to place an order (invitatio ad offerendum).
(2) By clicking the “kostenpflichtig bestellen” (order with obligation to pay) button in the last step of the ordering process, you submit a non-binding offer to purchase / pre-order the goods displayed in the order overview.
Immediately after submitting the order, you will receive a confirmation of your non-binding pre-order. A contract between you and us is concluded as soon as you purchase the goods at the checkout in the selected branch.
(3) In our online shop you can select goods for pre-order and booking by placing them in a shopping cart by clicking the corresponding button. If you wish to complete the order, go to the shopping cart, where you will be guided through the rest of the ordering process. After selecting the items in the shopping cart and providing all required order and address data in the subsequent step, clicking the “Weiter” (Continue) button opens a page in which the essential item details, collection time and costs incurred are summarised once again.
(4) If the pre-ordered products have not been collected by you within a maximum of 30 minutes after the end of the agreed collection time, the non-binding pre-order expires and the goods are offered for general sale.
IV. Notice on the correction of input errors
In the course of the ordering process, you first place the desired goods in the shopping cart. There you can change the desired quantity or completely remove selected goods at any time. If you have placed goods there, clicking the “Weiter” (Continue) buttons will first take you to a page on which you can enter your data and select the collection date and the collection time. Finally, an overview page opens on which you can check your details. You can correct your input errors (e.g. regarding data or the desired quantity) by clicking “Bearbeiten” (Edit) at the relevant field. If you wish to cancel the ordering process completely, you can also simply close your browser window.
V. Collection, storage and processing of your personal data
(1) In our online shop you can order goods as a registered user or as a guest. As a registered user you do not have to provide your personal data every time; instead, before or during an order you can simply log in to your customer account with your e-mail address and the password you freely chose when registering.
(2) In order to carry out and process a personalised order, we require the following data from you:
- First and last name
- E-mail address
- Collection date
- Collection location (specifying the relevant branch)
(3) If you wish to create a customer account, we require from you the data mentioned in para. 2 as well as a password freely chosen by you.
(4) We use the data you provide, without your separate consent, exclusively for the fulfilment and processing of your order(s). Any use of your personal data beyond this for the purposes of advertising, market research or the needs-based design of our offers requires your express consent. You have the opportunity to give this consent before placing your order. This declaration of consent is given entirely voluntarily and can be viewed on our website and withdrawn by you at any time.
(5) The data you provide remains stored in your customer account until you delete it yourself. Beyond that, or in the case in which you only order or book as a guest without creating a customer account, we store your data only within the scope of our tax and commercial law obligations.
(6) Insofar as your personal details change, you yourself are responsible for updating them. All changes can be made online after logging in under “Mein Konto” (My Account).
VI. Registration for a user account
(1) Your registration for the customer account is accepted by EatHappy by sending a confirmation e-mail to the e-mail address stated in the registration.
(2) The contract for the EatHappy customer account is concluded with the confirmation e-mail, irrespective of whether the e-mail contains an activation link or whether, in this case, the customer activates their EatHappy user account via such an activation link.
(3) Registration for a user account is free of charge.
(4) You can obtain further information on the processing of your personal data here.
(5) If you have questions in connection with the EatHappy user account, the user can contact EatHappy ToGo GmbH in the following way:
Contact details
(6) In order to verify a customer’s identity, EatHappy reserves the right to carry out all checks that appear reasonable. For this purpose we reserve the right to request additional information in order to ensure that the customer fulfils the conditions for registering and using an EatHappy user account.
VII. Obligations of the customer when registering for a user account
(1) Registration of an EatHappy customer account requires that the customer is over 18 years old and has sufficient legal capacity.
(2) The EatHappy customer account is a prerequisite for the full use of the website (eathappy.de).
(3) When registering, you are obliged to provide truthful and complete information and to keep this information up to date.
(4) The use of a false e-mail address or impersonating another person/company is prohibited.
(5) The customer bears the resulting consequences, in particular those due to the provision of false or incomplete data.
(6) You are obliged to keep the access data for your user account secret and to protect it against unauthorised access by third parties.
(7) Should you suspect misuse of your access data, you are obliged to inform EatHappy immediately. To do so, please contact customer support. You bear all direct consequences arising from any misuse of the access data by third parties for which you are responsible.
(8) You are prohibited from using the customer account for fraudulent purposes or in connection with a criminal offence or an unlawful act.
VIII. Termination, deletion, suspension and blocking of the user account
(1) You can request termination of this contract and thus deletion of the EatHappy user account from customer support at any time.
To do so, please use the following contact details: info@eathappy.de
(2) Termination of your user account has the consequence that you can no longer use the services (pre-ordering goods at a branch of your choice, at a time selected by you) for which a user account is required. Pre-orders already placed will be processed via the contact information provided by the customer.
(3) We reserve the right to temporarily block or terminate a user account, in particular if the user account is misused for fraudulent or other unlawful purposes or by unauthorised third parties.
(4) EatHappy also has the right to terminate this contract with a notice period of 14 calendar days. Termination by EatHappy is equivalent to deletion of the user account.
(5) The right to terminate for good cause remains unaffected. In particular, EatHappy has the right to terminate and delete the user account for good cause,
- in the event of a persistent interruption of operations due to force majeure which is beyond EatHappy’s control, such as natural disasters, fires or power failures for which EatHappy is not responsible, or
- in the event of a persistent breach for which the customer is responsible of these EatHappy user account GTC, of the terms of use for (
www.eathappy.de website) or
- breach of applicable law by a customer.
(6) In the event of termination or blocking of the user account, EatHappy may continue to process your data separately as an independent data controller in order to comply with any legal obligations arising from the use of the respective services. You can find further information on the data processing here.
IX. Changes to the EatHappy user account
(1) Beyond the extent necessary to maintain the contractual conformity of the EatHappy user account, EatHappy may change and adapt the user account and its range of functions if a valid reason requires such a change.
(2) Such a reason exists if the changes or adaptations are necessary
- to implement changed statutory requirements or case law,
- to implement changed technical requirements such as a new technical environment or other operational reasons, or
- to adapt to changed market conditions such as increased user numbers, or if the changes and adaptations are made in favour of the user, e.g. to improve user-friendliness or security.
(4) No additional costs arise for the customer as a result of changes to the user account and its range of functions.
X. Payment terms
The purchase price falls due upon collection of the goods. Payment for the goods is made upon collection of the pre-ordered goods at the corresponding collection location which you selected when placing your pre-order.
XI. Retention of title
The goods remain our property until payment has been made in full.
XII. Warranty for purchases of goods
(1) Insofar as the goods pre-ordered in our online shop are defective, you are entitled, within the framework of the statutory provisions, to demand subsequent performance, to withdraw from the contract or to reduce the purchase price.
(2) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims due to defects which we have fraudulently concealed become time-barred within the regular limitation period.
(3) In addition, you are also entitled to rights due to defects within the framework of a quality and/or durability guarantee, insofar as we have expressly given such a guarantee in respect of the item sold in an individual case.
XIII. Limitation of liability
(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations whose fulfilment makes the proper performance of the contract possible in the first place, whose breach jeopardises the achievement of the purpose of the contract and on whose observance you as a customer may regularly rely. In the last-mentioned case, however, we are only liable for the foreseeable damage typical of the contract. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
(2) The above exclusions of liability do not apply in the event of injury to life, body and health. Liability under the Product Liability Act remains unaffected.
(3) According to the current state of the art, data communication via the internet cannot be guaranteed to be error-free and/or available at all times. In this respect we are not liable for the constant and uninterrupted availability of our online trading system.
XIV. Final provisions
(1) The terms and conditions drawn up here are complete and conclusive. In order to avoid ambiguities or disputes between the parties about the respectively agreed content of the contract, amendments and additions to these terms and conditions should be made in writing.
(2) Insofar as, at the time the contract was concluded, you had your domicile or habitual residence in Germany and have either moved it out of Germany by the time legal action is brought by us, or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes is the registered office of our company in Cologne.
(3) Should individual provisions of this contract be invalid, the remainder of the contract shall not be affected thereby.
(4) These GTC can be accessed at any time at GTC and during the registration of a user account and can be printed out and saved using the browser’s print function.
XV. Appendix
Consumer information and cancellation policy
Insofar as you pre-order goods when visiting our online shop, we would like to point out the following:
(1) The only language available for concluding the contract is German.
Translations into other languages serve information purposes only. In the event of contradictions, the German text takes precedence.
(2) Please refer to the individual product descriptions within our internet offering for the essential characteristics of the goods and services offered by us as well as the period of validity of limited-time offers.
(3) The presentation of our goods does not constitute a binding offer on our part. The purchase contract between you and us is concluded upon collection of the goods at the selected branch.
(4) You can identify any input errors when placing your order at the final confirmation and correct them at any time before submitting the order with the help of the delete and change function.
(5) Should the goods you have ordered not be available, we reserve the right not to render the service, whereby we will inform you of this without delay before the contract is concluded.
(6) The prices stated by us are final prices including taxes.
(7) The purchase price falls due immediately upon collection of the goods. Payment for the goods is made when you collect the pre-ordered goods at the branch you selected in advance.
Our e-mail address is: info@eathappy.de We point out pursuant to § 36 VSBG that we are not obliged to take part in out-of-court dispute resolution proceedings before a consumer arbitration board.
(8) The data required for the processing of the contract between you and us is stored by us and is accessible to you at any time. In this respect we refer to the data protection provisions in our GTC.
Our e-mail address is: info@eathappy.de We point out pursuant to § 36 VSBG that we are not obliged to take part in out-of-court dispute resolution proceedings before a consumer arbitration board.
(9) In all other respects we refer to our General Terms and Conditions.
EatHappy ToGo GmbH, (HRB 78266. Local Court of Cologne), Hohenzollernring 31-35, 50672 Cologne, represented by the Managing Director Jan Fischer.
(10) NO RIGHT OF WITHDRAWAL
Pursuant to § 312 g) paragraph 2 no. 2 BGB (German Civil Code) you have no right to withdraw from the contract.
Accordingly, the right of withdrawal does not exist in the case of contracts for the supply of goods which are liable to deteriorate rapidly or whose expiry date would quickly be exceeded.
