General terms and conditions
General Terms and Conditions of Sale and Delivery of mahlzeit.online GmbH
Scope and coverage
mahlzeit.online GmbH (hereinafter referred to as mahlzeit) provides its services exclusively in accordance with these General Terms and Conditions. For all orders and commissions placed with mahlzeit using forms (whether in paper form or electronically), these General Terms and Conditions shall apply exclusively. They therefore apply to all services and deliveries that mahlzeit provides to the customer.
Form of the declarations
The scope of services provided by mahlzeit includes the preparation and delivery of the items ordered by the customer. Orders or contract conclusions as well as their changes and amendments must be submitted in writing. The transmission takes place via the webshop mahlzeit.online or by e-mail. Orders placed verbally or by telephone must be expressly confirmed in writing by mahlzeit, as must any changes or additions to the order.
Subject of performance
mahlzeit prepares the desired meals on the basis of the agreements concluded with the customer and the order submitted by the customer and delivers them - according to the agreement made with the customer - to the corresponding delivery addresses.
If a device is provided by mahlzeit for the regeneration of the delivered food, this remains the property of mahlzeit, which is explained in detail in the maintenance contract point **.
Warranty and compensation
The customer must check the completeness and correctness of the delivery upon acceptance. The delivery is intended for consumption on the same day and must be kept refrigerated by the customer until consumption.
The use of the website and online ordering is provided without any guarantee of availability. There is therefore no legal claim in the event of any service outages.
If individual items or ingredients are temporarily unavailable, we reserve the right, in your interest, to replace them with goods of at least equal value.
Conclusion of the contract
mahlzeit concludes the framework agreements with the customer before the first delivery via online customer registration. In these, the conditions, the circumstances of the delivery, exact addresses, company wording, the desired order period, the times of delivery, any minimum order quantities and the term of the agreement are recorded. After successful registration, the customer receives access to the ordering system of mahlzeit.online and is activated with his conditions, through which he (or persons authorized by him) can electronically transmit orders of the meals. These orders can be entered for up to 15 working days in advance and can be changed or cancelled at any time up to 2 p.m. of the day before delivery. All orders entered in the mahlzeit.online system at 2 p.m. on the day before the day of consumption are binding.
mahlzeit is entitled to refuse to accept orders, in particular if the orders do not comply with the framework agreement (e.g. non-compliance with minimum order quantities, etc.). In the event of non-acceptance of an order, mahlzeit will inform the customer of this circumstance electronically at 2 p.m. on the day before the delivery day at the email address provided by the customer in the framework agreement. Mahlzeit also reserves the right to reject or not fulfill customer orders, in particular if there are outstanding invoices.
Referral program
- Customers of mahlzeit.online GmbH have the opportunity to use our referral program by acquiring new customers for our delivery service. The referrer is recorded in the system using a customer ID (KID) and can thus be assigned to a new customer.
- As soon as the recommended customer places an order, the recommender receives a permanent discount on future orders. The amount of the discount depends on the size of the new customer's oven. The discount is one percent for a small heating cabinet (S), five percent for a medium heating cabinet (M) and ten percent for a large heating cabinet (L).
- The discount is applied to the total amount of the referrer's order. If the referrer receives a meal allowance from their employer, the discount will only be credited to the difference that they have to pay personally. Any credit will be offset against the next invoice or paid out at the customer's request.
- The referral discount is granted if the new customer can be clearly assigned to the existing customer's referral. An assignment is made exclusively via the customer ID (KID) provided by the referrer. In the event of abuse or improper conduct, mahlzeit.online GmbH reserves the right not to grant the referral discount or to terminate the program.
Termination of the contract
The supply contract is automatically terminated by non-order. In case of return of any equipment, the customer must give 14 days notice.
Handling and complaints
The delivered meals are fresh goods and intended exclusively for consumption on the day of delivery and must be stored by the customer refrigerated at plus 5° Celsius until heating.
The heating of the meals must be carried out according to the instructions provided by mahlzeit. If improper storage and/or preparation of the ready meals should result in damage to the ready meals (which may even lead to inedibility of the ready meals), this shall be the sole responsibility of the customer and shall not be attributable to mahlzeit.
If individual items or ingredients are temporarily unavailable, mahlzeit reserves the right, in the interest of the customer, to replace them with goods of equal value if necessary.
Complaints regarding defects or quality of the delivered food or transport damage must be made known on the day of delivery. Complained dishes should be photographed and given to the delivery person refrigerated on the following delivery day.
In the event of quantity discrepancies or incorrect delivery, the customer will receive a credit note, which can be redeemed or reversed at the next possible time if desired.
Delivery
Delivery times are subject to daily route planning as well as traffic and weather conditions on the route in question and do not release the order from its legal validity in the event that the specified time is exceeded, provided that the order is received by the customer no later than 13:30.
Return of inventory
If, in connection with the conclusion of the framework agreement, the customer was provided with inventory of any kind (whether in return for payment or free of charge), this inventory must be returned to mahlzeit upon termination of the framework agreement, otherwise the customer shall be obligated - irrespective of the provisions contained in the framework agreement - to pay an appropriate usage fee for these items.
Changes / additions to the GTC
The customer is aware that it may be necessary from time to time for mahlzeit to adapt or supplement these GTC. In this case, mahlzeit will inform the customer of the fact that the GTC have been adapted. The GTC themselves are available at any time at URL.
The amended GTC shall apply at the latest from the order following notification of the amendment.
Jurisdiction / Choice of Law
All legal disputes between mahlzeit and the customer shall be subject to the exclusive jurisdiction of the Commercial Court of Vienna or the District Court for Commercial Matters Vienna (depending on the value jurisdiction), which shall exclusively apply Austrian law (excluding the UN Convention on Contracts for the International Sale of Goods).
Entrepreneur
The customer declares to conclude the present legal transaction as an entrepreneur within the meaning of the Austrian Commercial Code (UGB), so that the provisions on mutual entrepreneurial transactions shall apply to the present legal transaction.
Copyright
Any use of all content (images, icons, photos, texts, etc.) of mahlzeit.online GmbH contrary to copyright law, in particular publication or commercial use and/or disclosure to third parties, is prohibited without the written consent of mahlzeit.