Terms of use

TERMS AND CONDITIONS (March 2021)

These general terms and conditions (the "Terms") apply between you as a customer ("the customer", "you") and Foodora AB, org. no. 559007-5643, address Jakobsbergsgatan 24, 111 44 ​​Stockholm ("foodora"), when ordering food, drink and other goods and products (together "Vara", "Varor") which are provided via www.foodora.se or foodora's downloadable mobile app (collectively "the Platform"). By registering a user account with foodora or using the Platform and / or receiving the Offers (defined below), you confirm that you have read and accept the Terms. Via the Platform, you as a customer can order Goods that are available on the Platform at any time.

The platform distinguishes Goods (meals) prepared or prepared by restaurants ("Restaurants") and Goods provided by shops ("Stores"). The Restaurants and Stores are collectively referred to as "Partners" and each as a "Partner".
Goods sold via the Platform are intended for individual use and may not be resold or transferred.
These Terms constitute the complete settlement between the parties and you and foodora regarding all matters that the Terms concern. By ordering Goods via the Platform or otherwise using the Platform, you have expressly accepted these Terms. By accepting the Terms, you are aware that we may send emails or notices regarding your order.
foodora reserves the right to update these terms at any time. Updated terms apply to orders placed on or after the date when the updated terms are made available on the Platform. The last update of the Terms was made on March 26, 2021.
If you have any questions about the Terms, you are welcome to contact our customer service.

1. General about Goods and Services

Orders from Restaurants
By ordering Goods prepared by Restaurants through the Platform, you enter into an agreement directly with foodora as the seller of the Goods and accept these Terms.
Orders from Shops
When ordering from Stores on the Platform, you enter into an agreement with the Store and accept these Terms and, if applicable, the Store's own terms of sale.
General
foodora sells and delivers meals prepared by Restaurants and delivers Goods sold by Stores to the extent applicable (together the "Supplies") unless otherwise stated in these terms. The goods are transported and delivered to the delivery address you specified when ordering. Delivery is performed by foodora's courier or delivery partners, or through foodora's Partners, in cases where you do not choose to pick up the Item from the Partner ("Pick-Up").
foodora operates the Platform and administers payments made through the Platform. You pay for the Item including any transport directly to foodora in connection with the order. You do not pay for the bid that delivers the Product to you or directly to the Partner at Pick-Up.
foodora's operations are registered with the Environmental and Health Protection Board in Stockholm. The registration means that the activity is regularly checked by the municipality.

1.1 Supply of Goods

To ensure the Quality of the Product until delivery and the delivery time to you, the offer on the Platform is limited to Goods delivered from Partners with a place of business near the delivery address that you enter.The range of Partners and Goods on the Platform varies from time to time and the customer is referred to the Platform for updated information about this


1.2 Order and Supplies

All orders are executed on the Platform by selecting the Item or Products you wish to purchase. When you place an order, you choose whether you want your order delivered as soon as possible, pick up the item yourself at the Partner's place of business (Pick-Up) or if you want to make a pre-order. A pre-order can be made up to three (3) days in advance.
Your order is an offer to purchase the Goods specified in your order. When you place an order to purchase an Item via the Platform, we will notify you by e-mail when the Partner has received information about the order and the estimated delivery time is stated via the Platform.
foodora and foodoras Partners reserve the right that an Item may be out of stock at the time of ordering, or that foodora or Partner may otherwise be prevented from delivering the Item or the Goods, in which case the order may be completely or partially canceled and the corresponding amount refunded. . Upon delivery, we will send a receipt for your order.
Please note that foodora never accepts Orders for Items via email or live chat.
The risk of loss of or damage to the Product passes to you when the Product has been delivered to the agreed location. Neither foodora nor its Partners are responsible for any loss or damage to Goods that occurs after delivery. You are responsible for receiving the Item at the specified delivery address and no refund will be made due to the fact that you have not received or picked up the Item.


1.3 Terms of Delivery

Delivery
When you place an order on the Platform with delivery (direct or pre-order), you confirm and accept that the ordered Goods will be delivered to the place or street address that you have specified for the relevant order. Delivery will take place immediately after the order has been completed by the Partner and you confirm that the delivery service is non-refundable and that you forfeit the statutory right of withdrawal regarding the delivery service.
You must be available at the specified delivery address if you have not confirmed when ordering that the order will be delivered at the door. If you are not available to receive the order, foodora or the partner has the right to deliver the Goods at the door insofar as there are no restrictions such as. that the order contains products for which customer identification or the like is required. In these cases, you are considered to have agreed that the delivery can take place from the door. Once the products have been delivered to the specified delivery address, the risk of the products passes to you.
foodora or its Partners have no obligation to deliver orders at the door insofar as there are restrictions or if it is otherwise deemed inappropriate.
You are also responsible for being available to receive calls on the telephone number you entered on the Platform. If delivery can not be carried out as a result of the bid not being able to reach you or, for orders that require identification or for which other requirements apply, the person receiving the Goods cannot identify himself or otherwise does not meet the requirements for delivery, the delivery and the order is canceled.In these cases, foodora charges a fee of SEK 200 (or, if less, the entire order value) to cover costs and expenses related to the canceled order by reducing the amount refunded to you as a result of the order not being delivered. which is refunded may further be reduced by an amount corresponding to the value of any Goods that foodora or the Partner can not resell.
For orders that include Goods with identification requirements or the like, it may be required that the order is received by the person making the order.
Pick-Up
If you have selected Pick-Up when ordering, the Goods must be picked up by you at the Partner's place of business at the time specified on the Platform at the time of ordering. The partner may require that you identify yourself with valid identification when you pick up the order and that there are otherwise no obstacles to delivering the Goods.
If the order is not picked up within a reasonable period of time from the stated pick-up time, you may be charged the full price for the Goods and / or for other costs for foodora or the partner in connection with the order.

1.4 Contents of meals and foods

Meals
The partner who prepares or prepares meals made available via the Platform provides information about the meal ingredients presented on the Platform. However, we can not guarantee that such information is correct and up-to-date at all times, but reserve the right that the restaurant may have replaced or supplemented a raw material or ingredient included in the meal without our knowledge. For more information about e.g. allergens, ingredients or the origin of a raw material, we therefore ask you to contact the Partner directly. Contact information is available on the Platform.
Meals marketed via the Platform are prepared and packaged by restaurants in kitchens that meet the requirements of the National Food Administration and neither foodora nor foodora's bids handle the finished meal or its raw materials. After cooking, the meal is packaged by the restaurant and transported to the specified address if you have not chosen Pick-Up as the delivery method.
The meals are, unless otherwise stated, intended to be consumed immediately after they are delivered to you and we are not responsible for the quality of the meal if it is consumed later.
Food
If your order contains pre-packaged foods, it is important that you read the contents of the package carefully before consumption, especially if you are allergic to certain foods or substances. foodora reserves the right that the table of contents on the Platform may be incorrect and the table of contents on the Product's packaging always applies in front of the table of contents stated on the Platform in cases where there would be conflicting information. If you have any questions regarding ingredients in food marketed via the Platform, please contact foodora's Partner.

2. How much do the goods and services cost and how do I pay?

2.1 Prices

Current prices for each Item and for delivery are displayed on the Platform at the time of ordering. foodora has the right to continuously change prices and / or content and information about the Goods and foodora's services with effect for orders placed after the changes have been made. In the event of significant changes to the services or the Platform, these Terms are updated and a new version is made available on the Platform.You are responsible for ensuring that you have read the latest updated version of the Terms when you place an order
When purchasing via the Platform, a minimum order value (minimum) may apply for ordering. This can vary from Partner to Partner but is stated in your shopping cart before you place the order. When ordering Goods that are less than the minimum order value in total, you as a customer pay the difference between the Goods and the minimum order value that applies to the order. This amount may be deducted from the refunded amount upon return.
In addition, foodora charges a fee of SEK 5 for our service.
In some cases, foodora may set a price for Goods from Restaurants, and may also limit the Stores' ability to offer prices for Goods on the Platform, which differ from the prices in the Partner's own sales channels. This is to ensure that you as a customer only pay for the specified delivery costs when you order Goods on the Platform, while foodora can run a sustainable business model where customers can benefit from the benefits of the Platform in terms of search, increased selection and high service levels. We are constantly investing in the development and improvement of our Platform, and these limitations also balance the benefits that Partners receive by joining the Platform in terms of e.g. visibility and savings, against the investments we make to be able to offer and improve our services.


2.2 Introductory Prize, Promotions and Vouchers

If foodora offers the customer introductory prices or ("try-out price"), such an offer only applies once per registered user. The same applies to other campaigns on the Platform, unless otherwise specified in the current campaign. foodora reserves the right to terminate promotions and the time of introductory price or similar without prior notice to the customer.
Gift cards, vouchers and / or credits with a specific nominal value ("Voucher") issued by foodora can be redeemed to pay in full or in part for Goods, delivery and other fees when ordering via the Platform, unless otherwise stated specifically for The voucher in question. Vouchers cannot be redeemed for cash. The voucher is consumed during use regardless of whether the entire amount has been used or not and can only be used before the order is completed. Once the validity period specified for the Voucher has expired, the Voucher can not be used as a means of payment upon purchase or reactivated and any balance or residual value will not be refunded.


2.3 Payment

Unless otherwise specifically agreed, payment for ordered Goods via the Platform shall be made at the time of ordering by bank / credit card, direct payment, or with the other means of payment offered on the Platform at the time of ordering.
Regarding ordering Goods from Stores, foodora forwards the payment to the Store.
For donations through the ShareTheMeal program, the World Food Program will be the final recipient of
your payment.

3. Your commitments as a Customer at foodora

By accepting the Terms and making orders via the Platform, you certify that you are at least 18 years of age and that there are no obstacles to you being able to accept these Terms with binding effect. You confirm that you are the holder of the bank / credit cards used for purchases on the Platform. You are responsible for ensuring that the information you provide when registering your user account with foodora or when ordering via the Platform is correct. Your login information and other customer information must be kept strictly confidential and may not be disseminated to anyone else.You are responsible for ensuring that your login information is stored securely and not disseminated and undertake to immediately inform foodora if third parties gain access to your login information, in which case foodora reserves the right to close or delete your account without further notice
You do not have the right to use foodora's trademarks or companies beyond what is required for the use of the Platform or our services.

4. Personal data management and data protection

Your personal data is processed in accordance with foodoras at any time privacy policy .

5. Complaints, comments and right of withdrawal

5.1 Complaints and feedback when ordering from Restaurants and Groceries from the Store

We want you to be happy! Should there be an error in a meal or other Item delivered to you, please contact our Help Center or our customer service immediately. As soon as possible after we receive your notification of a complaint or error, the matter is examined to identify the problem and find a solution in accordance with current consumer protection legislation. foodora reserves the right to decide what is an appropriate solution in each individual situation and we ask you to note that it is the seller who is responsible for complaints, errors and warranty matters, so we can refer you to take the matter directly with the Partner in those cases. The partner is the seller of the Goods.


5.2 Returns and complaints for other orders from Stores

Returns and complaints are made in the Store according to the Store's policy. It is up to the Store to approve or deny returns and / or complaints.


5.3 Right of withdrawal

You have the right to withdraw from the purchase agreement, ie. exercise your right of withdrawal, within 14 days from the day you receive the Goods or a substantial part of the Goods (the "Deadline"). However, the right of withdrawal does not apply to the purchase of meals, food or other goods with a short shelf life or which due to their nature can not be returned or which can quickly deteriorate or become too old, in case of risk of contamination or when we can not guarantee unbroken cold chain, or in other situations where there is an explicit exception in accordance with current consumer protection legislation. The right of withdrawal applies provided that the Product is in a substantially unchanged condition, with any. original packaging, and that no seal has been broken. You can read more about the right of withdrawal and which goods and services are exempt from the right of withdrawal on the Swedish Consumer Agency's website.


5.4 Exercise your right of withdrawal

If you wish to exercise your right of withdrawal of an Item, you must notify the Store within the Deadline for information on how to proceed to exercise your right of withdrawal.

The right of withdrawal does not apply to orders returned to the Partner due to delivery not being able to be performed, and if you have not notified us that you want to exercise your right of withdrawal before the delivery attempt, the order will be canceled and we reserve the right to charge you in accordance with 2.3 above.
5.5 Return when exercising the right of withdrawal
Returns must be made directly to the Store unless the Store states otherwise.
When exercising the right of withdrawal, the Product must be returned to the Store within 14 days from the date the notice of exercise of the right of withdrawal was submitted to foodora or the Partner. For information about the Store and its opening hours, or address to which the return is to take place, we refer to the information provided from the Store or on your receipt.If you choose to send the Item to the Store, you are the one who pays any return shipping and is responsible for the Item's condition from the time you have received the Item and during the return shipping
Goods must be sent well packaged, in good condition and in any original packaging. Remember to pack the product in a suitable way that protects the product from transport damage suitable for return shipping. All supplied accessories and parts must be returned with the Product, including any original packaging and labels. If you have used or negligently handled or packaged the Product, or otherwise handled the Product in a manner that goes beyond what is required to assess the Product's properties or functionality, you are responsible for compensating for any deterioration of the returned Product (up to its full value).
5.6 Refund
After the Store's approval of return, a refund will be made with the same means of payment that you used to pay for the Goods, unless otherwise agreed. The Partner has the right to deduct an amount corresponding to the Depreciation of the Goods compared to the original value of the Goods from the amount to be repaid, if and to the extent that such depreciation is due to you having handled the Goods to a greater extent than necessary to determine its properties. or function.
Please note that for orders from the Store, the Partner is responsible for handling and approving returns as a seller.
foodora does not refund delivery or service charges, discount codes or any minimum order value cost.

6. Customer service
If you have any questions about the Platform, Goods, orders or our services, please contact our customer service. You can reach our Help Center via our website or app. Alternatively, you can contact us via e-mail support@foodora.se . For current information about customer service opening hours, we refer to our website.

7. foodora's right to terminate its services

foodora reserves the right to terminate its services or suspend the use of the Platform for customers who violate these Terms or misuse foodora's services. Such termination takes place immediately and is notified to the current customer by e-mail.

8. Other

  • foodora reserves the right to transfer its rights and obligations under the Terms to third parties, provided that the acquiring third party can be expected to fulfill its obligations under the Terms in a manner satisfactory to the customer.

    The customer may not transfer his rights or obligations under the Terms to third parties.
  • You are liable to indemnify Foodora for any direct and indirect damages suffered by Foodora as a result of your breach of the Terms.

In addition to what is otherwise stated in the Terms, the following applies to foodora's liability towards you as a Customer (unless otherwise provided by mandatory law):

  • In addition to what is stated in the Terms, foodora does not provide any guarantees regarding content, information, raw materials, ingredients, or other information or services related to the Goods and / or Supplies, or anything else provided by or through foodora on the Platform. foodora also makes no warranties regarding the operation, availability, usability or security of the Platform or its services.
  • foodora is not responsible for the suitability of the Goods for the specific purpose for which you intend to use them.
  • foodora is not responsible for unauthorized access to or alteration of information you submit to foodora or materials or information you receive Furthermore, foodora is not responsible for criminal acts committed using foodora's services such as threats or defamation, or for obscenities or disturbing, offensive, inappropriate or illegal content or conduct on the part of any user.
  • foodora is not liable for any direct or indirect damages caused by your use of the Platform, the services or information provided by foodora. However, this does not apply if foodora has caused you harm intentionally or through gross negligence.
  • foodora reserves the right to cancel or cancel a delivery and / or the Delivery of one or more Goods if the customer has stated incomplete or incorrect information when registering, due to that foodora's Partner is unable to complete the order, or in case of force majeure-like events such as pandemics, including Covid-19, natural disasters, wars, terrorist acts, political unrest, strikes, lockouts, blockades or other barriers to contract, fire, accidents or other circumstances outside reasonable control for foodora, or other circumstance that significantly impedes or impairs the conditions for delivery to be fulfilled. foodora undertakes to notify the customer as soon as possible if a delivery may be delayed or if the delivery risks not being delivered completely.
9. Dispute Resolution
Disputes concerning the interpretation or application of these terms and conditions shall be interpreted in accordance with Swedish law.
If there is a dispute between foodora and the customer, the parties shall in the first instance try to resolve the dispute by agreement. If the parties cannot agree, the dispute shall be decided in the alternative by the General Complaints Board and ultimately by a general court.

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