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

Based on the agreements concluded with the customer and the order submitted by the customer, mahlzeit shall prepare the desired meals and deliver them - according to the agreement concluded with the customer - to the corresponding delivery addresses.
If a device is provided by mahlzeit for the regeneration of the delivered meals, it shall remain the property of mahlzeit, which is explained in detail in the maintenance agreement item **.

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 websites and online ordering is provided without any guarantee of availability. Therefore, in the event of any failure of the service, there is no legal claim.
If individual items or ingredients are temporarily unavailable, we reserve the right, in your interest, to replace them in this case with at least equivalent goods.

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.). mahlzeit will notify the customer of this circumstance electronically at the email address specified by the customer in the framework agreement in the event of non-acceptance of an order at 2 p.m. on the day prior to the delivery day. Mahlzeit also reserves the right to refuse or not to execute orders placed by the
Customer, in particular if there are outstanding invoices. 

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 amend or supplement the present GTC. In this case, mahlzeit shall notify the customer of the circumstance of the amendment of the GTC. The GTC themselves are available at any time under 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.