TERMS AND CONDITIONS - FOODORA PRO
These terms and conditions (the "Terms") apply when you subscribe to the subscription service “foodora PRO” and constitute an appendix to the general terms and conditions for foodora’s platform (the "General Terms and Conditions”) which can be found here.oodora’s platform is hereinafter referred to as the “Platform”. In case of discrepancy between these Terms and the General Terms and Conditions, these Terms shall prevail. The definitions set out in the General Terms and Conditions shall also apply to these Terms unless otherwise specifically stated herein, but for the sake of clarity please note that “Restaurants” refer to foodora’s partner restaurants and that “Shops” refer both to foodora market and foodora’s partner stores.
When You use the foodoras mobile app, special app terms apply (see Section 19.5 of the General Terms and Conditions) from the moment you first download the foodora mobile app via, for example, the App Store or Google Play Store, and until you have uninstalled the mobile app.
1. FOODORA PRO
foodora PRO is a subscription service1 offered by foodora to private persons/consumers that have a user account on the Platform (“Customers”, “You”). By subscribing to foodora PRO and paying a Subscription Fee (see definition below), Customers will receive deals and benefits to be used when making purchases on the Platform, e.g. in certain cases free delivery, which are described in these Terms.
foodora PRO is intended for private use only. You may not use foodora PRO for any commercial, business and/or re-sale purposes. When using foodora PRO, You must always comply with all applicable laws as well as these Terms and the General Terms and Conditions. You may not use foodora PRO in a manner contrary to our, or any third party's, rights and interests. You are responsible for ensuring that You will comply with all instructions and recommendations provided by us from time to time.
foodora reserves the right to restrict the option to enter into a foodora PRO subscription agreement, as well as to terminate the foodora PRO subscription, if foodora, based on objective circumstances, has reason to assume that the service is currently being, or has previously been, misused. This does not affect Your rights under mandatory consumer protection legislation.
2. SUBSCRIPTION CONTENT
2.1 Entering into an agreement and access to Your foodora PRO benefits
When You choose to subscribe to foodora PRO, You are entering into an auto-renewal subscription agreement in accordance with the Subscription Plan You select upon registration. More information about the conditions of the subscription agreement can be found in section 3 below. You will gain access to Your foodora PRO benefits (the “Benefits”) only after You have successfully entered into this agreement with us, and, in case You do not already have a user account, complied with all other applicable requirements in accordance with the General Terms and Conditions to register a user account on the Platform. See also section 2.2.3 below regarding the fact that foodora, in certain cases, can offer, among other things, free trial periods.
Following the start of Your subscription, all Benefits will be automatically added to Your user account and, when applicable, will be added automatically to Your order. The Benefits will automatically be visible on the Platform under the “foodora PRO” tab.
2.2 The Benefits
Provided that an order meets the conditions further outlined below, the following Benefits will apply to a foodora PRO subscriber’s order:
- Reduced delivery fee in accordance with the conditions set out in section 2.2.1 below;
- Even better customer service; and
- Special discounts for foodora PRO subscribers on selected Products and Restaurants from time to time.
The Benefits can be applied to an unlimited amount of orders, but only to orders made via the Swedish Platform. You can combine the Benefits with Vouchers. Please note that access to the Benefits can vary depending on where You geographically place an order. The Restaurants and Shops that offer the Benefits will hereinafter be referred to as “PRO Restaurants” and “PRO Shops” respectively, and jointly as “PRO Partner(s)”. When a Benefit is available for the delivery address from where You make Your order, the Benefit will be marked at the Partner’s listing picture at the Platform.
2.2.1 Requirements for free delivery
When You make an order2 from a PRO Partner marked with a PRO tag stating free delivery, You will not have to pay a delivery fee if Your order exceeds the minimum order value according to the below.
- For orders made from Restaurants, Your order must have an order value of at least SEK 140.
- For orders made from the following Shops, Your order must have an order value of at least SEK 300: all foodora market, all ICA-stores, all Hemköp-stores, all Nya Pulsen-stores, Supergrossen Hallunda and Tempo Strängnäs.
- For order made from all other Shops than those listed in b) above, Your order must have an order value of at least SEK 200.
In case Your delivery does not comply with all the above conditions, You will have to pay the original delivery fee (the size of which is shown on the partner page on the Platform and in Your cart).
2.2.2 Even better customer service
With foodora PRO, You will get a more prioritized and personalized experience when contacting our customer service.
2.2.3 Changes to the Benefits
We want Your foodora PRO subscription to be as useful as possible and strive to continuously add new Benefits and offers. Hence, the Benefits and the conditions relating to the use of the Benefits may be revised from time to time. You can easily view Your available Benefits by signing in to Your account and clicking the “foodora PRO” tab. Please also see section 6 below on amendment to these Terms.
foodora may also offer discounts, promotions or other forms of preferential pricing for foodora PRO from time to time, including free trial periods. Such preferential pricing will only apply during the specified period after which Your subscription will continue with an applicable Subscription Fee charged to You (see section 3 below). If You do not wish for the subscription to continue after the specified period, and/or that You do not wish to be charged for the applicable Subscription Fee, You must cancel Your subscription before the end of the specified period
3. PAYMENT
3.1 Subscription Fee
The duration of Your subscription and the billing cycle may vary depending on which subscription plan You choose at the time of subscribing - either one (1) month, three (3) months or twelve (12) months (in these Terms together referred to as the “Subscription plan”). You will be notified of the applicable subscription fee payable at the time of subscribing to foodora PRO ("Subscription Fee") but the Subscription Fee will also be visible in the “foodora PRO” tab. The applicable Subscription Fee varies depending on which Subscription plan You choose when You subscribe to foodora PRO.
Payment of the first Subscription Fee will be made on the date that You subscribe to foodora PRO, by credit card or debit card registered under Your name or with another payment method available on the Platform at the time of subscribing ("Payment Method"). Unless You cancel Your subscription in accordance with these Terms, it will be automatically renewed at the end of Your current Subscription plan and extended for a duration equivalent to Your former Subscription plan, i.e., either one (1) month, three (3) months, or twelve (12) months.
If You want to change Your Subscription plan, visit the “foodora PRO”-tab and click on the pen-symbol next to “Plan”. Your new Subscription plan will enter into force once Your Subscription plan runs out, but the first charge of the new Subscription Fee will occur on the date that You register the change of Subscription plan. The next charge will, however, occur in accordance with the billing cycle that follows from Your new Subscription Plan.
3.2 Auto-renewal subscription
When You choose to subscribe to foodora PRO, You are entering into an auto-renewal subscription agreement with foodora in accordance with the Subscription plan you select upon registration. For avoidance of any doubt, this means that foodora will first charge You for the Subscription Fee on the date that You subscribe to foodora PRO. Thereafter, foodora will automatically charge You for the Subscription Fee using the Payment Method on the first day of Your then-current Subscription plan and, thereby, prolonging Your subscription, until and unless You cancel Your subscription, change Your Payment Method or if foodora suspends or terminates foodora PRO in accordance with these Terms. If you have selected a Subscription Plan longer than three (3) months, foodora will inform You that Your subscription will renew automatically unless cancelled, and of the terms for the continued membership, no later than one month before the deadline by which the subscription must be cancelled.
You are responsible for ensuring that Your Payment Method and information is up to date and correct. If foodora is unable to debit Your Payment Method on any date a Subscription Fee is due, whether because of insufficient funds or otherwise, we reserve the right to cancel Your foodora PRO subscription and You will need to subscribe again in order to receive the Benefits.
You warrant that You are duly authorized to pay the Subscription Fee using the Payment Method, without infringement of any third-party rights.
Once a Subscription Fee has been successfully paid to foodora, it is non-refundable provided that You do not exercise Your right of withdrawal according to the conditions set out in section 4 below.
4. THE RIGHT OF WITHDRAWAL
4.1 How to exercise the right of withdrawal
Pursuant to the Act on Distance Contracts and Off-Premises Contracts (2005:59) (Sw. lag om distansavtal och avtal utanför affärslokaler), You have the right to cancel Your foodora PRO subscription by notifying foodora within 14 days from the day You entered into the agreement for Your foodora PRO subscription (the “Withdrawal Period”). If the last day of the Withdrawal Period falls on a Saturday, Sunday or a public holiday, the Withdrawal Period is extended to the next working day (Monday - Friday).
If You wish to exercise Your right of withdrawal, You can give a notice to our customer service as per the contact details set out below under section 11. A form for exercising Your right of withdrawal can be found here,but You can also use the form provided by the Swedish Consumer Agency here (only available in Swedish).
4.2 Effects of exercising the right of withdrawal
If You exercise Your right of withdrawal, we will immediately, or in any case no later than 14 days after receiving Your withdrawal notice, refund You the Subscription Fee paid by You. However, if You have expressly required to have the subscription services performed before the end of the Withdrawal Period, we have the right to make a deduction for the days that You have had access to the subscription. The deduction will correspond to an amount proportional to what You received up to the day You notified us of Your withdrawal from the agreement, compared to the entire subscription period.
We will perform the refund using the Payment Method You used when starting Your subscription, unless You have expressly agreed otherwise, and in any case, in such a way that You do not incur costs for the refund.
5. CANCELLATION AND TERMINATION
You can cancel Your subscription or free trial period at any time by using the “I would like to unsubscribe” link under the “foodora PRO” tab. Please note that in order for You to avoid automatic renewal of the subscription, You have to cancel Your subscription no later than the last day of Your applicable Subscription plan (before the entrance of the new billing cycle). If You encounter any issues while trying to cancel Your subscription, please reach out to our Customer Service as per the contact details set out in section 11 below.
Once You cancel Your subscription, You will continue to be able to use Your Benefits until the end of Your then-current Subscription plan (before the commencement of the new billing cycle). Following the end of the billing cycle of Your then-current Subscription plan, Your auto-renewal subscription will also automatically terminate.
foodora will not make any partial or full reimbursements for subscriptions canceled prior to the end of Your current billing cycle, except in cases where You exercise Your right of withdrawal in accordance with the terms of Section 4.
foodora may at its sole discretion terminate Your subscription if we become aware of You having materially breached these Terms or the General Terms and Conditions.
6. UPDATES, AMENDMENTS AND ACCESS TO THE SERVICES
6.1 Updates
To use the Platform, an internet connection is required. The mobile app is provided in its latest version at any given time. If updates are required for the mobile app to function and to ensure satisfactory level of security, foodora will inform You of this and of any potential consequences of failing to install the update. Updates may result in changes to the technical requirement for Your device. If You choose not to install an update, it may result in the mobile app malfunctioning, making the subscription service unavailable.
6.2 Amendments
By law, foodora has the right to amend the content of foodora PRO (see section 2.2.3) and these Terms, provided that it is done at no cost to You and foodora has valid reason for the amendment. foodora will never charge You for such amendments. A valid reason exists if the amendment is made due to adaption to a new technical environment, an increased number of users, or other important operational reasons, to improve the user experience, or in the event of changes to the content of foodora PRO.
The Terms applicable to Your order is the version available on the Platform at the time of making Your order.
foodora has the right, exercisable in its sole discretion, to adjust the Subscription Fee at any time. Unless communicated otherwise, price adjustments enter into force during the period following Your Subscription plan. foodora wil notify You of any changes no later than one month before the date by which the subscription must be cancelled. foodora will notify you thereof by email or by other means set out below in section 7.
If You do not accept the updates or changes, You have the option to cancel Your subscription before the changes take effect.
6.3 Availability, maintenance and support
Even though it is Our ambition, We cannot guarantee that foodora PRO and the Platform will always be available or provided entirely without technical disruptions. For periods, We may need to restrict access to foodora PRO and the Platform due to, for example, service, support, security, or other technical reasons. In order for Us to assist You in the event of problems with foodora PRO, you shall, to a reasonable extent, cooperate with us to determine whether Your hardware, software, or network connection is causing any potential problems. If You choose not to cooperate with us, it may result in You losing the right to claim that the fault is due to a defect for which We are responsible.
If You experience problems with foodora PRO or are dissatisfied in any way, it is important that You inform us as soon as possible. We welcome both feedback and support inquiries via the contact details provided in Section 11 below, in order to find a solution to the problem as soon as possible.
You are responsible for protecting Your technical equipment against unauthorized use, including the use of an appropriate anti-virus program and firewall.
7. NOTICE
To ensure that You receive information from foodora regarding Your subscription, foodora PRO and these Terms in a timely manner, foodora will notify You by any of the following means: via the contact details provided by You when registering Your user account (email, text messages etc.), push notifications and in-app notifications.
8. LIABILITY
foodora, its agents, representatives and service providers are not liable to You for any loss or damage, arising due to Your negligence in Your use of Your foodora PRO subscription, such as, but not limited to, loss of data. Our liability is limited to the extent that the consumer protection legislation applicable in the country of Your habitual residence does not prevent such a limitation.
In the event of a defect regarding the use of the subscription service, You have a legal right to file a complaint with us while these Terms are in effect and up to two months after the termination of the Terms. If you wish to file a complaint, you can contact our customer service using the details provided in Section 11. Our address for complaints is Fleminggatan 20, 112 26, Stockholm, Sweden.
9. PRIVACY STATEMENT
We process Your personal data in accordance with our Privacy Statement. By accepting the Terms, You are aware that we may notify You through any of the means described in section 7.
10. GENERAL
These Terms are solely for Your and our benefit and are not intended for the benefit of any other person or entity, except for companies within our company group and representatives for us and/or the companies within our company group.
These Terms supersede any previous agreement between You and us and constitute the entire agreement between You and us relating to the usage of foodora PRO.
Unless otherwise stated, Your and our rights and remedies under these Terms are cumulative and do not exclude any other right or remedy provided under applicable law.
You may not assign, license or transfer any rights granted to You hereunder or subcontract any of Your obligations.
If we do not insist that You perform any of Your obligations under these Terms, or if we do not enforce our rights against You, or if we are late in doing so, that will not mean that we have waived our rights against You or that You do not have to comply with those obligations. However, if we do waive any rights, we will do so in writing, but that does not mean that we will automatically waive any other right related to any later actions taken by You.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed as excluded from these Terms, but such exclusion shall not affect the validity and enforceability of the remaining provisions.
For governing law and dispute resolution, please see section 19 in our General Terms and Conditions.
11. CUSTOMER SERVICE
You are welcome to contact our customer service via email at support@foodora.se or, after a purchase has been made, by writing to our customer service via our chat-function. You can also find answers to many common questions in the "Help Center" tab on the Platform. On our website You can find up-to-date information on opening hours of our customer service.