Terms and conditions

(1)

These terms apply to every contract between victec it-solutions, Viktor Töws, Röpkestraße 61, 40235 Düsseldorf, hereinafter the provider, and the customer regarding the use of GastroSell.

(2)

GastroSell is aimed exclusively at businesses within the meaning of section 14 of the German Civil Code. There is therefore no right of withdrawal for consumers.

(3)

Differing terms of the customer apply only where the provider has expressly agreed to them in text form.

(1)

For the duration of the contract the provider makes an ordering site for the customer's business, the associated till application and the administration available and operates them on its own servers.

(2)

The scope of services covers setting up the site, taking over the menu, setting up delivery areas and payment methods, a domain of the customer's choice subject to availability, and ongoing operation including software updates.

(3)

The software is not handed over but made available for use over the internet. The customer receives a simple, non-transferable right of use for the duration of the contract.

(1)

The presentation of the services on the website is not a binding offer. The contract is concluded when the provider confirms the customer's enquiry in text form or begins the setup.

(2)

The customer confirms that they are entering into the contract in the course of their commercial or independent professional activity.

(1)

The provider sets up the ordering site using the details supplied by the customer on dishes, prices, delivery areas and opening hours. The setup takes place once all necessary details of the customer are available.

(2)

The provider keeps the ordering site available according to the state of the art. Planned maintenance is carried out outside the usual ordering hours where possible and is announced. Periods in which the site is unavailable for reasons beyond the provider's control do not count as interruption, in particular disruptions of the internet, outages at upstream suppliers and events of force majeure.

(3)

The provider develops the software continuously. Updates are included in the price. The provider may change the scope of services provided this does not unreasonably disadvantage the customer and the core of the service is retained.

(1)

The customer supplies the content of their site, in particular the menu, prices, images and the details on additives and allergens required under food law. The customer is responsible for the accuracy and completeness of these details.

(2)

The customer ensures that they hold the rights to the content supplied, in particular to images and texts. They indemnify the provider against claims by third parties arising from a breach of this obligation.

(3)

Towards their guests the customer is the contracting party for the orders placed through the site. They fulfil the obligations incumbent on them, in particular legal notice, privacy information, price details and the handling of orders.

(4)

Access details for the till and the administration are to be treated as confidential and protected against access by third parties.

(1)

Payments by guests run through the payment service chosen by the customer. The contract for this payment processing exists between the customer and the payment service, not with the provider.

(2)

The fees of the payment service are borne by the customer. They are not included in the price for GastroSell. The provider receives no share of the customer's revenue.

(1)

The fee is 39 € per month. All prices are exclusive of statutory VAT.

(2)

The first month from activation of the site is free of charge. The fee falls due from the second month.

(3)

The fee is payable monthly in advance. The invoice is issued in text form.

(4)

If the customer is in arrears with two consecutive monthly amounts, the provider may suspend the service after prior notice until the balance is settled. The right to terminate for cause remains unaffected.

(5)

The provider may adjust the fee with three months' notice to the end of a contract year. In this case the customer may terminate with effect from the date the adjustment takes effect. The provider points out this right in the notice.

(1)

Setting up the site, taking over the menu and setting up the domain are included in the fee and are not charged separately.

(2)

If the customer wishes for services beyond that, such as the creation of their own images or texts, the parties agree these separately.

(1)

The contract runs for 12 months from activation of the site.

(2)

After this period the contract continues for an indefinite term and can be terminated by either side with one month's notice to the end of a month.

(3)

The right to terminate for cause remains unaffected for both sides.

(4)

Every termination requires text form. A message by email is sufficient.

(1)

If the domain was registered by the provider for the customer, it may be transferred to them or to a provider named by them after the end of the contract at the customer's request. This requires that the fee has been settled in full and that the registry and the receiving provider permit the transfer. There is no entitlement to a transfer.

(2)

The costs of such a transfer are borne by the customer in full. These include the fees of the registry and of the receiving provider as well as the provider's effort, which is charged at its usual rates.

(3)

On request the provider makes the customer's data, in particular the menu and order history, available in a common format within 30 days of the end of the contract. After that they are deleted, unless a statutory retention obligation applies.

(1)

The provider is liable without limitation in cases of intent and gross negligence, for injury to life, body and health, and under the German Product Liability Act.

(2)

In cases of simple negligence the provider is liable only for the breach of essential contractual obligations, that is obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may rely. In such a case liability is limited to the foreseeable damage typical for this type of contract.

(3)

Liability without fault for defects existing at the outset under section 536a (1) of the German Civil Code is excluded.

(4)

The customer backs up the content they have entered themselves to a reasonable extent. The provider is liable for the loss of data only to the extent that would have arisen had the customer backed it up properly.

The provider may change these terms where this is necessary to adapt to a changed legal position or case law, or where the change does not unreasonably disadvantage the customer. The provider communicates the change in text form at least six weeks before it takes effect. If the customer does not object within six weeks of receipt, the change is deemed accepted. The provider points out this effect in the notification.

(1)

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2)

The place of jurisdiction for all disputes arising from this contract is Düsseldorf, provided the customer is a merchant, a legal entity under public law or a special fund under public law.

(3)

Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.

(4)

These terms exist in several languages. The versions in other languages serve comprehension, only the German version is authoritative.