These general terms and conditions (“Terms”) between you as a customer and Foodarna AB ("Foodarna"/"Foodarna"), org. (“Foodarna”/ “We”/ “Us”/ “Ours”/ “App”/ “Platform”) apply to you when ordering food and other products or when booking services via Foodarna's downloadable mobile app. By registering a user or creating a user account with Foodarna, and/or by using the Platform and/or by ordering or receiving goods and services from Foodarna or it's partners, you thereby confirm that you have read and accept these Terms. These Terms along with the health and safety , cancellation policy , a response to covid constitute the entire understanding between you and Foodarna. Foodarna reserves the right to update these Terms from time to time, Your continued use of our Services shall mean your continued consent to these Terms as amended/ modified from time to time.
The Platform distinguishes between food or meals("Goods") sold/prepared by the restaurants listed with us (“Restaurants") and food preparation/delivery services provided by shops ("Stores") or the services of facilitating your access to the Platform (“Services”)
The Kitchens and Stores are collectively referred to as "Partners" and each as a "Partner". goods sold via the Platform are intended for individual use and as an end user and the Goods and Services and shall not be resold or transferred by you acting as an
intermediary. If you have questions about the Terms and Conditions, please contact our customer service.
1. General
Orders from Kitchens
When ordering goods from Kitchens through the Platform, Foodarna stands as the seller of the goods prepared by the Restaurants.
Orders from Stores
When ordering from Shops on the Platform, the Shop is listed as the seller and you enter into an agreement with the Shop and accept these Terms and, if applicable, the Shop's own terms of sale.
Generally
Foodarna provides you with access to the Platform and sells and delivers meals prepared by Restaurants, and delivers Goods/Services sold by Stores unless otherwise stated in the order or in the Terms. The Goods/Services are supplied by Foodarna or it's Partner to the delivery address you specified when ordering, in cases where you do not choose the pick up from Partner options.(" Self Pick-Up").
Foodarna operates the Platform and administers orders placed via the Platform. You pay for the Goods or the Services (including possible transportation) directly via the Platform in connection with the order. You therefore do not pay to the courier who delivers the Goods/ Services to you or to the Partner for Pick-Up or Services.
1.1 OFFER OF PARTNERS AND GOODS
The range of Partners, Goods and Services on the Platform varies from time to time and is limited to Goods delivered from Partners operating near the delivery address you specify as your location on the App, and is also dependent on the Partner's availability and estimated delivery time to your specified address. Furthermore, the offer and ranking may depend on paid placement and other parameters to ensure you get a good customer experience. In the event of a change of delivery address or if you choose Pick-Up, the range and ranking may therefore change and we refer to the range available on the Platform at any given time.
1.2 ORDER, PURCHASE AND RISK FOR THE GOOD OR SERVICE
All orders are carried out on the Platform by you selecting the Goods or Services of your choice and then placing an order via the checkout. When you place an order for Goods, you choose whether you want to have your order delivered within the approximate time prescribed, subject to force majeure condition or, pick up the Goods yourself at the Partner's place of business (Pick-Up).
Your order is an offer to purchase the Goods specified in your order and an amount corresponding to the order value is reserved through the selected payment method. When you have placed an order to purchase for the selected Goods or Services via the Platform, we will notify you via e-mail or message when the Partner has received information about the order and the estimated delivery time is shown via the Platform. Please note that you only have the option to cancel the order until it has been confirmed by Foodarna's Partner. After the order has been confirmed, we refer to the rules for right of withdrawal under clause [•] regarding the Goods/Services for which you have the possibility to invoke the right of withdrawal. However, we ask you to note that Foodarna starts delivery immediately after the order has been confirmed by the Partner and that by adding a confirmation that the delivery service cannot be refunded and that you can only exercise your right of withdrawal. Upon delivery, Foodarna provides a receipt for your purchase on behalf of the Partner via e-mail.
There may be situations where a certain Good is out of stock by the time of ordering or where Foodarna or it's Partner may otherwise be prevented from delivering the Goods, in which case the order may be cancelled in whole or in part and the corresponding amount be refunded.
When you make a booking for Services, the Partner will contact you via the contact details you entered under your profile in your Foodarna account to schedule when and where the Services will be provided (if not specified at the time of ordering).
Please note that Foodarna never accepts orders for goods via e-mail or live chat and that payment is always made directly via the Platform.
The risk of loss of or damage to the Good passes to you when the Good has been delivered to the agreed location. Neither Foodarna nor its Partners are responsible for any loss or damage to Goods that occurs after delivery. You are responsible for receiving the Goods at the specified delivery address, or in cases where you have chosen Pick-Up, to pick up the Goods at the Partner's business premises, and no refund will be made because you did not receive or pick up the Goods. Further, the responsibility for the Goods or Services lies with the Partners before delivery or pick-up.
1.3 CONDITIONS FOR DELIVERY AND DELIVERY OF GOODS
Estimated delivery and pick-up times provided by Foodarna via the Platform or in the App are estimated times and order delivery times may be affected by traffic and weather conditions. Force majeure and other causes beyond Foodarna's control.
Delivery and reception
When you place an order on the Platform with delivery, you confirm and agree that the goods ordered will be delivered to the location or street address you have provided for the relevant order.
Delivery can only be made to locations where our couriers can reach the delivery address and you must be available at the delivery address provided unless you have confirmed at the time of ordering that the order will be delivered to the door, and please note that identification may
be required for the delivered Goods. If you are not available to receive the order, Foodarna or the Partner can deliver the Goods to your door, as long as there are no instructions against doing so. In these cases, you are deemed to have agreed that the delivery can take place at the door. Once the Goods have been delivered to the specified delivery address, the risk passes to you.
Foodarna or its Partners have no obligation to deliver orders at the door to the extent that there are restrictions or if it is otherwise considered inappropriate. You are also responsible for being available to receive calls on the phone number you provided on the platform. If delivery cannot be made as a result of the courier not being able to reach you or (in the case of orders containing Goods that require ID verification or for which age
restrictions or other requirements apply) the person receiving the Goods cannot provide identification, or is a minor, or is perceived to be intoxicated or influenced or otherwise does not meet the requirements for delivery or if there is reason to suspect languishing, in such a case, the delivery and the order may be cancelled. For orders that include Goods with identification requirements or the like, it will be required that the order be received by
the person making the order.
Pick-Up
If you have chosen 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, including but not limited to Goods that require an ID check or for which age restrictions or other requirements apply. If the order is not collected within a reasonable period of time from the stated collection time, you may be charged full price for the Goods to the extent that they cannot be resold and/or for other costs incurred by Foodarna or its Partner in connection with the
order. Further, Foodarna and its Partners or their staff shall not be liable or held responsible for the quality or condition of the items that are perishable.
1.4 CONTENT AND QUALITY OF MEALS AND FOOD
Meals
The Partner who cooks or prepares meals through the Platform provides information about the ingredients of the meal presented on the Platform. However, we cannot guarantee that such information is correct and up-to-date at all times, You acknowledge that the restaurant may have replaced or supplemented a raw material or ingredient included in the meal without our knowledge or consent. 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 details for the restaurant are available at the bottom of the Partner's page on the Platform. Foodarna shall not be liable for the failure on your part or the Partner’s part to notify the other about the contents or the allergens as the case may be.
For those of you who are very sensitive to contact with certain allergens, please note that even if our Kitchens ensure that your order is packaged in a separate bag, the transport of other goods can take place in the same transport bag as the food you receive.
After cooking, the meal is packaged by the Partner and transported to the specified address if you have not chosen Pick-Up as the delivery method.Unless otherwise specified, the meals are 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.
Foods
If your order contains prepackaged foods, it is important that you carefully read the list of contents on the package before consumption, especially if you are allergic to a certain food or substance. Foodarna reserves the right that the table of contents on the Platform may be incorrect and the table of contents on the packaging always applies before the table of contents indicated on the Platform in the event that there is conflicting information. If you have questions regarding ingredients in Goods sold via the Platform, you are welcome to contact Foodarna's Partner.
Foodarna’s Partners collects your order for immediate delivery or pickup, comparable to when you shop directly in store. In order to ensure that the goods will maintain their quality upon delivery, Foodarna forwards your order to the Partner only when we know that we have an available offer to ensure that refrigerated and frozen goods are picked up without delay.
1.5 THIRD PARTY CONTENT AND LINKS
Some content available through the Services/ Platform may include or link to materials that belong to the third parties. Your use of such third party services will be governed by the terms of service and privacy policy applicable to that third party. Foodarna has no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and their content appearing in or linked to from the Platform/ App. Foodarna assumes no responsibility or liability for any of this third party content.
2. How much do the goods and Services cost and how do I pay?
2.1 PRICES
Current prices for Goods and for their delivery are displayed on the Platform at the time of ordering. Foodarna and the Partner have the right to continuously update prices and/or content and information about the goods and Foodarna's Services. In case 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 most recently updated version of the Terms and Conditions when you place an order. When purchasing via the Platform, a minimum order value (minimum) may apply to the order. This may vary from Partner to Partner but is shown in your shopping cart before you place the order.
When ordering Goods that are less than the minimum order value, 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 on return. In some cases and in Foodarna’s sole discretion to offer discount, Foodarna may offer a discounted price for Goods from Restaurants, and may also limit the Stores ability to offer prices for Goods on the Platform that are higher or different from the prices in the Partner's own sales channels.
This is to ensure that you as a customer only pay for the stated delivery costs when you order goods on the Platform, while Foodarna can run a sustainable business model where customers can benefit from the advantages of the Platform regarding 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 get by joining the Platform in terms of visibility, offers and savings, against the investments we make to be able to offer and improve our services.
2.2 INTRODUCTORY PRICE, OFFERS, PROMOTIONS AND VOUCHERS
Gift cards, vouchers and/or balances of a fixed nominal value ("Vouchers") issued by Foodarna can be redeemed to pay in whole or in part for the Goods, delivery and other charges when ordering through the Platform, unless otherwise specified for the Voucher in question . Vouchers cannot be redeemed for cash. The voucher can only be used once and once redeemed, in part or wholly, cannot be re applied. When the validity period specified for the Voucher has expired, the Voucher cannot be used as a means of payment for purchases or reactivated and any balance or remaining value will not be refunded.
Certain Partners, Goods and Services may be exempt from offers, campaigns and Vouchers in sole discretion of Foodarna and unless otherwise stated at the time of ordering, only one offer or Voucher can be redeemed or used per order. Vouchers also cannot be combined with other discount codes at the same time of ordering.
In the event of misuse or unauthorized use of offers, campaigns and Vouchers, Foodarna may choose to terminate, revoke or invalidate these, and Foodarna reserves the right to charge the customer for such activity and suspend customers who continuously misuse the platform in an inappropriate manner.
2.3 PAYMENT
Unless otherwise specifically agreed, payment for ordered goods must be made via the Platform at the time of ordering by direct payment, bank/credit card or with the other means of payment offered on the Platform at the time of ordering.
With regard to ordering goods and booking services from Stores, Foodarna forwards the payment to the Store.
3. WHAT ARE YOUR OBLIGATIONS AS A CUSTOMER AT FOODARNA?
By accepting the Terms and placing orders via the Platform, you certify that you are at least 18 years old and that there are no obstacles for you to be 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 the correctness of the information you provide when registering your user account with Foodarna or when ordering via the Platform.
Your login details and other customer details must be kept strictly confidential and must not be shared with anyone else. You are responsible for ensuring that your login details are stored securely and are not disseminated and undertake to inform Foodarna immediately if a third party gains access to your login details, in which case Foodarna reserves the right to close down or delete your account without further notification.
You do not have the right to use Foodarna's trademarks or company name beyond what is required for the use of the Platform or our services. In the event of fraud, abuse or improper or unauthorized use of the Platform, Foodarna reserves the right to suspend customers from the Platform and to charge the customer for costs and damage suffered by Foodarna or Partners.
4. TERMINATION
You are free at all time to use the Platform and its Services so long as you are in agreement with these Terms. However, you can terminate the Terms by closing your account. Foodarna may in its sole discretion, terminate these Terms or discontinue its website or Platform or the App at any time by giving you a reasonable advance notice in writing. In case of a material breach of the Terms by you, Foodarna may delete/close your account forthwith.
5. Personal data management and data protection
Your personal data is processed in accordance with Foodarna's currently applicable Privacy Policy, and by agreeing to the Terms and Conditions, you are aware that we may send e-mails or messages regarding your order.
6. Customer Service
If you have any questions about the Platform, goods, orders or our Services, please contact our customer service. You reach our help center via our website or App. Alternatively, you can contact us via e-mail [email protected]. For current information about the customer service's opening hours, please refer to our website.
For complaints regarding Services or bookings for Services, please contact the Partner directly. You can also contact [email protected] who can forward you to the Partner.
7. Foodarna's right to terminate its services
Foodarna reserves the right to deregister or suspend the customer's use of the Platform as well as cancel any ongoing or pre-ordered orders or otherwise terminate its services with immediate effect for customers who in the sole discretion and opinion of Foodarna violate these terms, misuse Foodarna's services or cause damage or inconvenience to Foodarna, it's Partners/it's customers , or if Foodarna has reasonable grounds to believe that the Platform and services are being used improperly or, Foodarna suspects repeated false orders or complaints or, if there are other reasons to suspect that the order is not correct or authentic. Such termination takes place immediately and is notified to the customer in question via e-mail. In the event of termination, Foodarna will refund any amount relating to unfulfilled orders with deductions for Foodarna's or the Partner's possible costs as a result of the reason for termination.
8. Miscellaneous
1. Foodarna reserves the right to transfer its rights and obligations under the terms to a third party, provided that the third party taking over can be expected to fulfill its obligations under the terms in a manner satisfactory to the customer.
2. Foodarna has the right to demand compensation from you for any damage that it suffers as a result of your violation of the Terms.
3. In addition to what is stated in the Terms, Foodarna makes no guarantees regarding content, information, raw materials, ingredients, or other information or services relating to the Goods and/or Services or otherwise provided by or through Foodarna on the Platform. Foodarna also makes no guarantees regarding the functionality, availability, usability or security of the Platform or its Services.
4. Foodarna is not responsible for the suitability of the goods for the specific purpose you intend to use them for or for what appears in the description of the goods on the Platform.
5. Foodarna is not responsible for unauthorized access to or alteration of information that you submit to Foodarna or material or information that you receive. Furthermore, Foodarna is not responsible for criminal acts committed using Foodarna'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 or Partner or its employees, agents etc.
6. Foodarna is not responsible for any direct or indirect damages caused by your use of the Platform, the services or information from Foodarna, except in the event of intentional damage or due to gross negligence.
7. Foodarna reserves the right to suspend , or cancel its services or a delivery of one or more Goods or Services if:
i) the customer has provided incomplete or incorrect information during registration, due to which Foodarna's Partner is unable to complete the order;
ii) an event of force majeure-like events such as a pandemic, including Covid-19, rain, acts of God, natural disasters, war, terrorist actions, political unrest, strike, lockout, blockade or other contractual impediment, fire, accident, any governmental or statutory restrictions, or other circumstance outside reasonable control for Foodarna, or another circumstance that significantly complicates or worsens the conditions for delivery to be
completed, occurs. Foodarna undertakes to notify the customer as soon as possible if a delivery may be late or not be delivered at all (in case of non-delivery, the full amount of the order will be refunded).