GENERAL TERMS AND CONDITIONS
These general terms and conditions (the "Terms") apply between you as a customer (the "customer", "you") and Foodora AB, Reg. No. 559007-5643, address Ringvägen 100, 118 60 Stockholm ("foodora"), when ordering food, drinks and other products (together the "Products") provided on www.foodora.se or foodora's downloadable mobile application (together the "Platform"). By registering a user account with foodora or by using the Platform and/or Services (defined below) you confirm that you have read and agree to the Terms. By using the Platform, you can order Products from the restaurants and stores that are available on the Platform from time to time ("foodora Partners", "Partners"). By ordering a Product on the Platform, you enter into an agreement directly with the relevant foodora Partner and, if applicable, agree to that Partner's terms of sale. The Terms constitute the entire agreement between the parties of all matters to which the terms relate. If you have any questions regarding the Terms you may always contact our customer service.
1. About the Services Foodora's transport service and administration of the customer's payment are hereinafter, to the extent applicable, jointly referred to as the "Services". Foodora operates the Platform and administers your payment to foodora's Partners who sell the Products to you. The Products are transported and delivered to the delivery address you specified when ordering. Delivery is made by foodora's couriers or through foodora's Partners, unless you choose to pick up the Product at foodora's Partner ("Pick-Up"). At the time of your order you pay for the Product, including any transportation, directly to foodora, and foodora administers the payment to the Partner. You do not pay anything to the courier which delivers the Product to you. Foodora's operations are registered with the Environment and Health Protection Board in Stockholm (Sw. Miljö- och hälsoskyddsnämnden i Stockholm). This registration means that the operations are regularly monitored by the City of Stockholm authorities.. 1.2 Products Offered To ensure the delivery time and quality of the Product, you can only order Products from Partners with a business location near the delivery address you specify. The range of foodora's Partners and Products varies from time to time and the customer is referred to the Platform for up-to-date information on this. 1.3 Order and delivery All orders are made on the Platform by selecting the Product(s) you wish to purchase. You must then choose if you want your order delivered as soon as possible, pick up the Product yourself (Pick-Up) or if you want to place a pre-order. A pre-order can be made a maximum of three (3) days in advance. Please note that foodora never accepts orders for Products by e-mail or by live chat. Each completed order is confirmed by e-mail and the estimated delivery time is shown on the Platform. The risk of the Product passes to you when it is delivered to you at the agreed location. Neither foodora's Partners nor foodora is liable for any damage to Products that occurred after the delivery. You are responsible for collecting the Product at the delivery address agreed upon; Payments made will not be refunded by foodora's Partners or foodora if you fail to collect the Product at the agreed location. 1.5 Food ingredients Meals For meals marketed by Partner restaurants, foodora presents the list of ingredients provided by each Partner. However, we cannot guarantee that any such list of ingredients is accurate/or up to date at all times. Thus, for information about e.g. allergens, ingredients or the origin of a raw material, we kindly ask the customer to contact the relevant foodora Partner. Meals marketed on the Platform are prepared and packaged by foodora's Partner-restaurants in kitchens approved by the National Food Agency (Sw. Livsmedelsverket). Once the meal is prepared, the meal is packaged by the restaurant and, unless you have selected Pick-Up, transported to you by appropriate means of transportation (if foodora's courier handles the delivery it will be carried out with insulated bags). Foodora/the foodora personnel does not handle or interfere with the preparation of meals or any ingredients contained therein. Meals from foodora's Partner-restaurants are, unless explicitly stated otherwise, intended to be eaten immediately upon delivery, and foodora and the foodora Partner-restaurant are not responsible for the quality of the meal if eaten later. Food If the Product consists of pre-packaged food, it is important that you carefully read the list of ingredients set forth on the packaging before eating, especially if you are allergic to a particular food or substance. Please note that Foodora does not guarantee that the lists of ingredients presented on the Platform are correct or up to date. If you have any questions regarding ingredients in any food marketed through the Platform, please contact the relevant foodora Partner./br>
2. How much do the Services cost and how do I pay? 2.1 Price The prices for each Product and for the delivery service are shown on the Platform. Foodora reserves the right to change prices and/or the content of the Services. In the event of significant changes to the Services or to the Platform, these Terms will be updated, and a new version will be made available on the Platform. Please make sure to read the latest, updated version of the Terms. If a minimum order value ("minimum") is applied by a foodora Partner, you as a customer must pay the margin between the price of the Product or Products (the "order value") and the applicable minimum, if the order value is lower than the minimum. These costs will not be refunded in the event of a complaint or return. 2.2 Price offers and gift cards Foodora may from time to time offer introductory prices or a "trial offers" and other campaign offerings (collectively "Campaign"). Each Campaign offering is only valid once per each registered user, unless specifically stated otherwise in the Campaign terms and conditions. Foodora reserves the right to terminate any Campaign offering at any time without prior notice to the customer. Gift vouchers (vouchers with a specific face value) issued by foodora can be redeemed to pay for any Products and services made available on the Platform, unless otherwise stated on the gift card or any specific gift card terms and conditions. The gift card cannot be redeemed for cash. The gift card is consumed during use, regardless of whether the entire gift card amount was used or not. Once the applicable gift card validity period is expired, the gift card cannot be used as for payment on the Platform, cannot be reactivated and any remaining unused value cannot be refunded. 2.3 Payment Unless otherwise expressly agreed, payment for any Product orders shall be made at the time of ordering by bank card or by direct payment, or by any other payment methods offered on the Platform from time to time. We administer your payment to the Partner. For this payment administration service, we charge a fee of SEK 5.
3. Your commitment as a customer at foodora By accepting the Terms, you verify that you are at least 18 years old and that you may accept these Terms with binding effect. You are responsible for ensuring that the information you provide when registering your user account with foodora is correct. You agree to keep your login credentials and other account information confidential and secure and to not share such information with anyone else. You may not use any foodora trademarks or brands beyond what is required to use the Platform or the Services.
5. Complaints, feedback och cancellation rights 5.1 Complaints and feedback We want you to be happy! If your meal or any other Product delivered to you is not to your satisfaction, please contact us immediately through our Support Center or by using the contact information provided on foodora's website. Once we receive your complaint, we will as soon as possible investigate the matter attempt to find a solution in accordance with the applicable consumer protection legislation. Foodora reserves the right to determine what is considered an appropriate solution in each situation. 5.2 Cooling-off You may change your mind for any or no reason and receive a full refund of all monies paid within 14 days starting from the day you received the Product, or a substantial part of the Product ("Cooling-Off Period"). However, this does not apply to any purchase of meals, foods with a short shelf life or in other situations where there exists an explicit exception under the applicable consumer protection legislation. Your right to withdraw from the purchase and receive a refund is subject to the Product remaining in unaltered condition and that no seal is broken. You can read more about your right of withdrawal and what products and services are exempted from the said right on the Swedish Consumer Agency's website. 5.3 Exercising your withdrawal rights If you wish to exercise your right to withdraw from a purchase, you must, within the Cooling-Off Period, notify foodora's Partner or foodora that you wish to exercise your cancellation rights. Notice of exercising your cancellation rights can be sent to [email protected] or to the address provided by foodora's customer service. You must include your name, address and other relevant information, e.g. order number, invoice number and name of the relevant Product in your notification. You can also use the standard form for the exercising your withdrawal rights provided by the Swedish Consumer Agency and made available here. Remember that the form shall be sent to foodora's Partner or foodora and not to the Swedish Consumer Agency. 5.4 Returns when exercising your withdrawal rights When exercising your cancellation rights, you are solely responsible for any return freight costs. Moreover, you are responsible for the condition of the Product from your collection of the Product and during the return freight. The Product must be returned within 14 days from your submission of the withdrawal notice to foodora. Please contact our customer service for Product returns address. Products should be returned appropriately packaged, in good condition and, if possible, in the original packaging. Please note that our Partners, as the sellers, may require that the return is made to the specific store from which the Product was delivered. 5.5 Refunds If your return is approved, foodora's Partner or foodora will promptly refund the amount attributable to the returned Product, no later than 30 days from their/our receipt of the returned Product. Refunds will be made by the same payment method that you used to pay for the Product, unless otherwise agreed, or should foodora or the Partner be prevented from using such payment method for any reason. Further, if your refund request is approved, Foodora's Partner, or foodora on behalf of the Partner, has the right to reduce the refund amount by an amount equal to the Product value depreciation that may result from your use or handling of the Product beyond what is required to assess its characteristics or function. Foodora does not refund fees for delivery or payment administration or other service charges, discount codes or any costs relating to minimum order value.
6. Customer service Foodora provides support through our customer service. You can access our Support Center through the Platform. Alternatively, you can contact us by e-mail [email protected]. For up-to-date information on customer service opening hours, please see our website.
7. Foodora's right to terminate the Services Foodora reserves the right to terminate the Services or to suspend the use of the Platform for customers who violate these Terms. Such termination takes place immediately and the customer is notified by e-mail.
- Foodora may transfer its rights and obligations under the Terms to a third party, provided that the acquiring third party can be expected to fulfill its obligations under the Terms in a, from the customer’s perspective, satisfactory manner.
- You are liable to compensate foodora for any direct and indirect damage that foodora suffers because of your breach of the Terms. In addition to what is otherwise stated in the Terms, and unless otherwise provided by mandatory law, the following applies regarding foodora's liability to you as a Customer:
- Except as set out in the Terms, foodora makes no warranties regarding any content, information, raw materials, ingredients, services or anything provided by or through foodora on the Platform. Furthermore, foodora does not make any warranties regarding the function, availability, usability or security of the Platform or the Services.
- Foodora is not responsible for unauthorized access to, or modification of, information that you submit to foodora, or material or information that you receive. Furthermore, foodora is not responsible for criminal acts committed using foodora's services such as threats or slander, or for any obscenity or disruptive, abusive, inappropriate or illegal content or behavior by any user.
- Foodora is not responsible for any direct or indirect damage caused by your use of the Platform, the Services or by information from foodora. However, this does not apply if foodora caused you any harm intentionally or through gross negligence.
- Foodora reserves the right to cancel a delivery of one or more Products if the Customer has entered insufficient or incorrect information when registering the account, if foodora’s Partner is unable to complete the order, or in case of force majeure events such as pandemics, including Corona, natural disasters, wars, political unrest, strike, lockout, blockades or any other labor disturbance, fire, accident or other circumstances beyond foodora’s reasonable control, or any other circumstances that substantially impedes or impairs the conditions for a delivery to be fulfilled. Foodora undertakes to notify the Customer as soon as possible of whether a delivery may be delayed, or alternatively, if the delivery may fail completely.
9. Dispute resolution Disputes concerning the interpretation or application of these Terms shall be interpreted in accordance with Swedish law. In case of any dispute between foodora and the customer, the parties shall as a first step strive to resolve the dispute by agreement. If the parties cannot agree, the dispute shall be determined by the National Board for Consumer Disputes (Sw. Allmänna reklamationsnämnden) or, ultimately, by a general court.