GENERAL TERMS AND CONDITIONS (March 2021)
These general terms and conditions (the "Terms") apply between you as a customer (the "customer", "you") and Foodora AB, Reg. No. 559007-5643, address Jakobsbergsgatan 24, 111 44 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 receiving Supply (defined below) you confirm that you have read and agree to the Terms. By using the Platform, you can order Products available on the Platform from time to time.
The Platform differentiates between Products (meals) prepared by restaurants ("Restaurants") and Products supplied by shops ("Shops"). The Restaurants and Shops are together referred to as the "Partners" and separately as a "Partner".
Products sold via the Platform are intended for personal use and are not to be resold or transferred.
These Terms constitute the entire agreement between you and foodora of all matters to which the Terms refer to. By ordering Products through the Platform or by otherwise using the Platform, you express to have accepted these Terms. By accepting these Terms, you are aware that we can send you emails or text messages in relation to you order.
foodora reserves the right to update these Terms at any time. The updated terms shall apply for orders placed on or after the date the updated terms are made available on the Platform. These Terms have last been updated as of 26-03-2021.
If you have any questions regarding the Terms you may always contact our customer service.
1. Products and services
Orders from Restaurants
By ordering Products prepared by Restaurants through the Platform, you enter into an agreement directly with foodora as seller of the Products and accept these General Terms and Conditions.
Order from Shops
By ordering Products from Shops through the Platform, you enter into an agreement with the Shop and accept these General Terms and Conditions and, where applicable, the Shop’s own terms of sale.
foodora sells and delivers meals prepared by Restaurants and delivers (if applicable) Products sold by Shops (jointly referred to as the "Supply") to you unless otherwise stated in these Terms. The Products are transported and delivered to the delivery address you specified when ordering. Delivery is made by foodora's couriers or delivery partners, or through foodora's Partners, unless you choose to pick up the Product at the Partner's location ("Pick-Up").
foodora operates the Platform and administers the payments made through it. At the time of your order, you pay for the Product, including any delivery fees, directly to foodora. You do not pay anything to the courier who delivers the Product to you or to the Partner in connection with Pick-Up orders.
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.
1.1 Products offered
To ensure the delivery time and quality of the Product, you can only order Products dispatched from Partners with a business location near the delivery address you specify. The range of Partners and Products available on the Platform varies from time to time and the customer is referred to the Platform for up-to-date information on this.
1.2 Order and Supply
All orders are made on the Platform by selecting the Product(s) you wish to purchase. When placing an order, you must then choose if you want your order to be delivered as soon as possible, to pick- up the Product at the Partner's location yourself (Pick-Up), or if you want to place a pre-order. A pre-order can be made up to a maximum of three (3) days in advance
Your order is an offer to purchase the Products listed in your order. When you place an order to purchase a Product through the Platform, we will notify you by email that the Partner has received information of the order and the estimated delivery time will be provided on the Platform.
foodora and foodora's Partners explicitly reserve that a Product may be out of stock at the time of placing the order, or that foodora or the Partner may otherwise be unable to deliver the Product(s), in which case the order may be cancelled, in whole or in part, and you will be refunded accordingly. Upon delivery we will send you a receipt for your order.
Please note that foodora never accepts orders for Products by email or by live chat.
The risk for loss of or damage to the Product passes to you once the Product has been delivered to the agreed location. Neither foodora nor its Partners shall be liable for any loss or damage caused to Products after delivery. You are responsible for collecting the Product at the specified delivery address and payments made will not be refunded if you fail to receive or pick up the Product.
1.3 Terms for delivery
When placing an order on the Platform with delivery (direct or pre-order), you acknowledge and agree that the Products ordered will be delivered to the location or street address provided by you for the relevant order. Delivery will be made immediately upon completion of the order by foodora's Partner as and if requested by you and therefore you acknowledge that the delivery service is non-refundable and that you do not have any statutory rights of withdrawal in relation to the delivery service.
You must be present at the relevant delivery location or street address, unless you have confirmed when placing the order that the order is to be delivered by the door. If you are not available to receive the order upon delivery, the courier may deliver the Products by the door to the extent no restrictions apply, e.g. the order contains Products for which customer identification or similar is required, in which case you will be deemed to have agreed that the delivery may be made by the door. Once the Products are delivered at the agreed location the risk will transfer to you.
foodora or its Partners are under no obligation to deliver any order by the door to the extent restrictions apply or if it is otherwise deemed inappropriate.
You are responsible to remain available to receive calls at the phone number submitted by you on the Platform. If you cannot be reached at the phone number provided by you and delivery cannot be completed, or (in the case of orders including Products for which customer identification is required and/or for which restrictions apply) the person receiving the goods can not identify themselves or do not meet the requirements for delivery to be made, the delivery and the order may be cancelled. foodora is entitled to charge a fee of 200 SEK (or, if the order value is less, the full order value) to cover for costs and expenses related to the cancellation of the order. This will be charged by way of reducing the amount which can be refunded due to the failed delivery of your order. Your refund may additionally be reduced by the amount corresponding to any Products that foodora or the Partner is unable to resell. .
For orders which include Products for which customer identification or similar is required it may be required that the order is received by the person placing the order..
If you have selected Pick-Up when placing the order, the Products are to be picked up by yourself at the Partner’s point of sale at the time specified on the Platform. The Partner may require that you identify yourself with valid identification when collecting the order and that no other restriction to deliver the Products apply.
If the order is not picked up within a reasonable time period from the specified Pick-Up time you may be charged full price for the relevant Products and/or any other costs of foodora or the Partner in relation to the order.
1.4 Food ingredients
For meals made available on the Platform, a list of ingredients is provided by the Partner preparing the meal. However, we cannot guarantee that any such list or information is accurate/or up to date at all times and reserve ourselves for that the restaurants may have made changes to the ingredients included in the meal which we are not aware of. For this reason we kindly ask you to contact the relevant Restaurant directly for information about e.g. allergens, ingredients or the origin of raw materials. Contact details are provided for on the Platform.
Meals marketed on the Platform are prepared and packaged by the Restaurants in premises which meet the requirements of the National Food Agency (Sw. Livsmedelsverket) and neither foodora, nor foodora's personnel prepare, patriciate or interfere with the preparation of meals or any ingredients they contain. Once the meal has been prepared, the Restaurant will pack the meal and, unless you have selected Pick-Up as the delivery method, it will be transported to you by a suitable means of transport.
Meals from Restaurants are intended to be eaten immediately upon delivery, unless expressly stated otherwise, and foodora and the Restaurant are not responsible for the quality of the meal if consumed later.
If your order contains pre-packaged food, it is important that you carefully read the list of ingredients on the packaging before consuming those foods, especially if you are allergic to certain food or ingredients. Please note that foodora does not guarantee that the lists of ingredients displayed on the Platform are correct or up to date. If you have any questions about the ingredients of food marketed through the Platform, please contact the relevant Partner.
2. Costs of the Supply and payment
The prices of each Product and for the delivery service are presented on the Platform at the time of ordering. foodora reserves the right to change prices and/or the content and information of the Products and foodora’s services to apply for orders placed after the change has been made. 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 when placing an order.
For orders placed via the Platform, a minimum order value may apply. The minimum order value may differ from Partner to Partner but is stated in your cart before checkout and upon placing an order. Upon placing an order for Product(s) which does not in total exceed the minimum order value, foodora will charge the Customer the difference between the total price of the Product(s) and the applicable minimum order value. Please note that such costs may not be refunded in the event of a return.
In addition foodora charges a fee of SEK 5 per order for our services.
foodora may set a price for Products from Restaurants, and may also limit the ability of Shops to offer prices for Products on the Platform, which differ from the prices offered in the Partners’ own sales channels. This is to ensure that you as a customer are only additionally paying for the specified delivery costs when ordering Products on the Platform, at the same time as foodora will be able to operate a viable business model when offering customers to benefit from the efficiencies generated by our Platform in terms of facilitated search, increased choice and high service levels. We continually invest in the development and improvement of our Platform, and these limitations also balance the benefits that Partners derive from joining the Platform in terms of e.g. visibility and cost savings, against our investments in offering and improving our services.
2.2 Price offers and Vouchers
foodora may from time to time offer introductory prices or a "trial offers" and other campaign offerings (collectively "Campaign Offers"). Each Campaign Offer is valid only once per each registered user, unless expressly stated otherwise in the Campaign terms and conditions. foodora reserves the right to terminate any Campaign Offer at any time without prior notice to the customer.
Gift cards and/or vouchers with a specific face value ("Vouchers") issued by foodora can be redeemed upon payment for Products and services available on the Platform, unless otherwise stated in the Voucher or in the terms applicable to the Voucher. A Voucher cannot be redeemed for cash. The Voucher can only be redeemed once, regardless of whether the full amount of the Voucher is used or not, and can only be used before the ordering process is completed. Once the Voucher expires, the Voucher can no longer be used for payment on the Platform, cannot be reactivated, and any remaining unused value will not be refunded.
Unless otherwise expressly agreed, payment for any Product orders shall be made at the time of ordering by using a debit/credit card, direct payment, or by any other payment methods made available on the Platform at the time of placing the order.
In connection with orders for Products made available from Shops, foodora will direct the payments to the Shop.
For donation payments processed on the Websites through the ShareTheMeal programme, the World Food Programme will be the end beneficiary.
3.Your commitment as a customer at foodora
By accepting the Terms and placing orders on the Platform, you verify that you are at least 18 years old and that you may accept these Terms with binding effect. You confirm that you are the lawful owner of the debit/credit cards used by you to make any purchases on the Platform. You are responsible for ensuring that the information you provide when registering your user account with foodora or placing an order on the Platform 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, and you commit to inform foodora promptly if your credentials and/or password are obtained by a third party, in which event foodora shall reserve the right to close or delete your user account credentials without advance notification.
You may not use any foodora trademarks or brands beyond what is required to use the Platform or foodora’s services.
4.Personal data processing and data protection
5. Complaints, feedback and cancellation rights
5.1 Complaints and feedback for orders from Restaurants and food items from Shops
We want you to be satisfied with our service! If the Products you receive are faulty, incorrect or do not match your order, we kindly ask you to immediately contact our Support Center or customer service. Once notice of the complaint or claim has been received, your matter will be investigated as soon as possible to seek a solution in accordance with the applicable mandatory consumer protection legislation. foodora reserves the right to determine what is considered an appropriate solution in each situation. Please note that as foodora may refer you to the Partner, in cases where the Partner is the seller of the Product(s).
5.2 Returns and complaints for other orders from Shops
Returns and complaints are made directly to the Shop in accordance with the Shop’s policy. The Shop is responsible to approve or reject returns and/or complaints.
You have the right to withdraw from the purchase withdrawal within 14 days of receiving the Product, or a substantial part of the Product (the “Cooling-Off Period”). However, this does not apply to any purchase of meals, foods with a short shelf life, in case of risk of contamination or when we can not guarantee unbroken cold chain, 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.
5.4 Exercising your withdrawal rights
If you wish to exercise your right to withdraw from a purchase, you must contact the relevant Shop within the Cooling-Off Period for information on how to proceed to exercise your right of withdrawal.
Please note that your right to withdraw does not apply if the order is returned to the Partner due to failure to deliver the order, unless you have notified us of your wish to exercise the right of withdrawal in advance of the attempted delivery. Upon failure to deliver, the order will be cancelled and we reserve the right to charge you for the costs in accordance with section 2.3 above. 5.5 Returns when exercising your withdrawal rights Returns must be made directly to the relevant Shop unless the Shop states otherwise. When exercising your withdrawal rights, the Product must be returned within 14 days of submitting the withdrawal notice. For information about Shop location and opening hours, or return address, we refer to the information provided by the Shop or on your receipt. If you choose to send the Product to the Shop, you are solely responsible for any return freight costs unless otherwise stated by the Shop and remain responsible for the condition of the Product from the time of receipt of the Product and during the return freight. 5.6 Refunds Once your return is approved by the Shop, refund will be made by using the same payment method as you used when paying for the order, unless otherwise expressly agreed. The Partner will also be entitled to (as and if applicable) reduce the refund amount by an amount equal to the decrease in value of the Product that may have resulted in the Product being used or processed more than required to evaluate its features or performance. Please note that for orders from Shops, the Partner is responsible for handling and approving returns in its capacity as seller. 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 Should you have any questions regarding the Platform, Products, ordering or our services, please contact our customer service. You can access our Help Center through the Platform. Alternatively, you can contact us by email at [email protected] . For up-to-date information on customer service opening hours, please see our website. 7.foodora's right to terminate its services foodora reserves the right to terminate the Supply or to suspend the use of the Platform for customers who violate these Terms or misuse foodora’s services. Such termination takes place immediately and the customer is notified by email. 8.Miscellaneous