General Terms and Conditions

hfoods, Birkenweg 34, 51503 Rösrath, Germany

Section 1 Scope

These terms and conditions apply to all contracts between hfoods and customers (hereinafter the “customer”) who are entrepreneurs within the meaning of section 14 of the German Civil Code (BGB) and who use an ordering system (website and/or app) provided by hfoods.

Terms of the customer that deviate from these conditions are only effective if hfoods has expressly confirmed them in writing. hfoods reserves the right to make technical improvements and statutory adjustments, provided these are reasonable for the customer.

Section 2 Subject matter of the contract and app store accounts

hfoods provides the customer with the ordering system (web shop and/or app shop as well as an admin panel) as a software as a service (SaaS) offering.

The customer receives a simple, non transferable right of use for the term of the contract. All content (menus, images, texts) is supplied by the customer.

IMPORTANT (app store accounts): If the customer books an own app (iOS and Android), the customer is obliged under the policies of the app store operators (in particular Apple Guideline 4.2.6) to create and maintain, at the customer’s own expense, own developer accounts with Apple and Google. hfoods handles the technical submission via the customer’s account. hfoods excludes any liability for delays or rejections by Apple or Google, insofar as the customer fails to meet the customer’s duties to cooperate or the store operators reject the app.

Section 3 Customer obligations and payment processing

The customer shall provide hfoods in good time with all data required for the setup (menu, prices, allergens, logos, business registration).

Payment processing (Stripe / PayPal): Online payments made by end customers are settled via an account with Stripe and/or PayPal that the customer registers independently. The contract for payment processing is concluded exclusively and directly between the customer (the restaurant) and the respective payment provider. hfoods merely provides the technical interface, does not collect any customer funds and is not involved in the flow of money.

The customer bears sole responsibility for compliance with statutory requirements, in particular regarding food information labelling (Food Information Regulation), the protection of minors (German Protection of Young Persons Act) when delivering alcohol, and the proper taxation of income.

Section 4 Remuneration

Remuneration is determined by the package selected and by the setup fees and monthly fees agreed in the individual quotation or service specification.

The monthly SaaS fee is payable in advance at the beginning of each billing month. Costs arising from failed payments (for example returned direct debits) are borne by the customer.

Section 5 Contract term and termination

The contract term and notice periods are set out in the individual quotation or service specification. Unless a different arrangement has been agreed there, the contract is deemed to be concluded for an indefinite period and may be terminated by either party giving one (1) month’s notice to the end of the billing month.

The right to terminate without notice for good cause (for example payment arrears of more than two months) remains reserved. After the contract ends, access to the system is deactivated.

Section 6 Warranty and support

hfoods warrants the technical functionality of the ordering system in line with the current state of the art. hfoods endeavours to achieve continuous availability of the system of 98.5 % as an annual average.

Support requests are handled as quickly as possible. Support is provided by email and/or WhatsApp; this does not constitute a service level agreement on response times unless separately agreed.

Section 7 Data protection (data processing agreement)

hfoods processes personal data of the restaurant’s end customers exclusively on behalf of the customer in accordance with Article 28 GDPR. For this purpose, the parties conclude a separate data processing agreement at the same time as the main contract.

Section 8 Liability

hfoods is liable without limitation for damage arising from injury to life, body or health, as well as in cases of intent and gross negligence.

In cases of slight negligence, hfoods is liable only for the breach of material contractual obligations (cardinal obligations) and only up to the foreseeable damage typical for this type of contract. Liability for loss of data is limited to the recovery effort that would have arisen had the customer carried out regular data backups.

Section 9 Amendments to these terms

hfoods may amend these terms and conditions. Amendments are notified to the customer. If the customer does not object within 4 weeks of dispatch, the amendments are deemed to be approved.

Section 10 Final provisions

German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the registered office of hfoods (Rösrath / Köln).

Should individual provisions be invalid, the validity of the remaining provisions remains unaffected. Amendments to the contract must be made in writing.