Terms & Conditions

GENERAL TERMS AND CONDITIONS for CUSTOMERS of MYMY catering, a brand of MeinWunschcatering GmbH ("MYMY")

Note: Legally binding is only the German version of this contract. The english version is for illustrative purposes only.

§ 1 Contractual Partner, Scope

1.1 is the customer's contractual partner

Talkings Birds Technologies UG (haftunsgbeschränkt), Brunnenstraße 35, 10115 Berlin, Germany

1.2 The following general terms and conditions apply to all contracts between Talkings Birds Technologies UG (haftunsgbeschränkt), Brunnenstraße 35, 10115 Berlin, Germany (hereinafter: "MYMY") and the customer for work and services from MYMY.

1.3 The agreements made between MYMY and the customer result exclusively from the general terms and conditions valid at the time of the conclusion of the contract and the written offer from MYMY to the customer. General terms and conditions of the customer do not apply. They do not apply even if MYMY does not expressly object to their inclusion.

1.4 The offer from MYMY is aimed at consumers within the meaning of Section 13 of the German Civil Code (BGB) as well as at entrepreneurs within the meaning of Section 14 of the BGB. A consumer is a natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding the legal transaction, acts in the exercise of their commercial or independent professional activity.

1.5 The contract language is German.

1.6 These general terms and conditions can be viewed under this link and downloaded as a PDF file under this link. The customer is also entitled to print it out.

§ 2 subject matter of the contract

2.1 The customer can use the online platform www.mymycatering.com operated by MYMY (hereinafter referred to as the "platform") or by telephone on (+49 30 30806272) or via e-mail to info@mymycatering.com catering offers, ie order food and drink deliveries (hereinafter referred to as “catering products”) as well as all related services (hereinafter collectively referred to as “catering services”) from MYMY for events of any kind (hereinafter referred to as “events”).

2.2 The catering services include the delivery of the catering products to one or more specific locations and at one or more specific times.

2.3 As part of the provision of catering services, MYMY provides the customer with catering accessories, such as crockery, cutlery, containers or devices for keeping food warm or for storing food (hereinafter: "Equipment") at the customer's request. Section 6 applies to this.

2.4 MYMY also offers other services for the implementation and implementation of events. Such services are for example:

2.4.1 the provision of service staff / personnel;

2.4.2 the provision of furniture, e.g. tables, chairs, etc .;

2.4.3 the procurement and delivery of decorations, e.g. tablecloths, special serviettes or flower arrangements;

2.4.4 further services on request.

All of the services mentioned in this § 2.4 are hereinafter collectively referred to as "services".

2.5 The customer can order catering services as a one-off service or as a regular service over a specific period (hereinafter: "Meal Plan"). Section 7 applies to meal plans.

2.6 The subject of catering products is the delivery of food and beverages. Detailed information on ingredients, allergens, additives or other food information can be called up and printed out under this link.

§ 3 conclusion of contract

3.1 An order for catering services from MYMY by the customer on the platform comprises the following steps:

The customer can find out about the catering services of MYMY on the platform without obligation. On the platform there is e.g. the possibility of putting together menus from different catering products.
The customer submits an offer to conclude a mixed work and service contract for catering services to MYMY by clicking on the "Order now" button on the platform (hereinafter: "Offer"). The customer is bound to this offer for a period of seven days.
Upon request, the customer will immediately receive confirmation from MYMY by email that the request has been received.
MYMY checks the customer's offer and has the following options:
MYMY can accept the customer's offer in text form (e-mail is sufficient) stating the prices (hereinafter: "declaration of acceptance").
MYMY can reject the customer's offer, for example if the catering services are not available in the form requested by the customer on the desired date or at the desired location;
In the event of a rejection, MYMY can make the customer an alternative offer for catering services in text form (email is sufficient) stating the prices (hereinafter: "alternative offer").
If MYMY makes the customer an alternative offer, the customer can accept this in text form (email is sufficient) (hereinafter: "declaration of acceptance").
If MYMY responds to the customer's request after more than seven days, this is considered an alternative offer.

3.2 An order for catering services from MYMY by the customer by telephone comprises the following steps:

By calling MYMY, the customer can request an individual offer for catering services without obligation.
MYMY checks the customer's request within seven days and makes the customer a concrete offer for catering services in text form, stating the prices (email is sufficient, hereinafter: "offer"). This offer can refer to an individual service or the conclusion of a framework agreement.
The customer can accept the offer in text form (e-mail is sufficient) (hereinafter: "declaration of acceptance").
After receipt of the acceptance, MYMY will send the customer a declaratory order confirmation in text form (email is sufficient).

3.3 The contract is concluded

for an order on the platform without an alternative offer: by receipt of the declaration of acceptance from MYMY by the customer;
when placing an order on the platform and submitting an alternative offer by MYMY: by receipt of the customer's declaration of acceptance by MYMY;
when ordering by phone: upon receipt of the customer's declaration of acceptance by MYMY.

3.4 After the contract has been concluded, MYMY will send the customer a declaratory contract confirmation in text form (email is sufficient).

3.5 The presentation of the meals and menus on the platform is non-binding. The presentations in photos are only exemplary.

3.6 The agreement of services and meal plans is only possible through an express mutual agreement in text form (email is sufficient).

§4 Rights and obligations of MYMY

MYMY provides the customer with the catering services described in the respective confirmation of acceptance in accordance with Section 3.3 of these GTC.

The place of performance is the place of delivery specified by the customer in accordance with the confirmation of acceptance in accordance with Section 3.3. The time of performance is the time specified by the customer in accordance with the confirmation of acceptance in accordance with Section 3.3. A subsequent change to the place of delivery and / or the time of delivery is only possible through an express mutual agreement between the parties in text form (e-mail is sufficient).

MYMY uses subcontractors (hereinafter: "partners") to fulfill its obligations. MYMY is not obliged to provide personal services. The customer hereby expressly agrees.

§ 5 Rights and Obligations of Customers

5.1 The customer is obliged

5.1.1 To provide all information about himself and the place of delivery when ordering catering services truthfully and with the necessary precision to enable smooth delivery;
5.1.2 the catering products at the agreed delivery time at the agreed delivery location
to receive;
5.1.3 to have the equipment rented by MYMY in accordance with § 6 ready for collection at the agreed time;
5.1.4 to examine the catering services immediately after handover by MYMY or a partner, and if deficiencies are found, notify MYMY or the partner via email including any photos of the deficiencies. If the customer is an entrepreneur in the sense of § 14 BGB, the acceptance takes place in accordance with § 377 HGB.

5.2 Before ordering, the customer is also obliged to view the list of ingredients, allergens, additives or other foodstuffs described under Section 2.6 and to check his order accordingly. If certain allergies or the like are to be taken into account when manufacturing the catering products, the customer must state this as a special request when ordering. MYMY does not guarantee that any special requests made afterwards with regard to the manufacture of the catering products can be met.

5.3 If the customer culpably violates his obligations according to §§ 5.1.1 to 5.1.3, the customer is obliged to pay MYMY a lump sum compensation according to the price list. The customer is free to prove that no or only minor damage has occurred. The assertion of further damages by MYMY remains unaffected.

§ 6 Equipment

6.1 The customer can rent equipment from MYMY or its partners as a service.

6.2 Unless otherwise agreed between the parties, the rental period is two working days from the agreed delivery time.

6.3 The customer has to treat the equipment carefully and gently. The customer is not entitled to pass the equipment on to third parties.

6.4 When the rental period expires, the customer must hand over the equipment to MYMY or a partner, uncleaned and tidy.

6.5 In the event of damage, destruction or loss of equipment, the customer is obliged to pay MYMY lump-sum damages according to the price list. The customer is free to prove that no or only minor damage has occurred. The assertion of further damages by MYMY remains unaffected.

6.6 MYMY can request security for the equipment made available to the customer. MYMY generally makes use of this right when equipment of great value is provided. In this case, MYMY is not obliged to surrender the equipment to the customer until the security has been provided in full.

6.7 The statutory regulations also apply.

6.8 These rules apply accordingly to other items that MYMY leaves to the customer as part of a service.

§ 7 Meal Plans

7.1 The customer can order regular catering services over a certain period of time (hereinafter: "Meal Plan").

7.2 In the case of contracts for a meal plan, customers can specify the frequency of delivery (e.g. every day or once a week / month).

7.3 Unless otherwise agreed, the minimum term of contracts for a meal plan is six (6) months. Ordinary termination is excluded during the term of the contract. The possibility of termination for an important reason remains unaffected. An important reason is in particular the customer's move to an area that cannot be supplied by MYMY or that cannot be supplied under the same conditions.

7.4 Contracts for a meal plan are automatically extended for a further six months if the customer does not object to the extension in writing at least one month before the end of the contract period.

7.5 The catering services provided within the framework of contracts for a meal plan are regulated individually with the customer (advance payment / s, direct debit / s or invoice / s for the whole / half month).

§ 8 prices and payments

8.1 Unless otherwise stated, all prices or price information include the applicable sales tax (VAT) and any public charges that may arise.

8.2 The minimum order value is 247.70 euros per order.

8.3 (Price lists) The prices for catering services and common services result from the currently valid price lists. All prices are net prices and do not include statutory VAT. The currently valid price lists can be called up and printed out under this link. The prices for services not included on the price lists are agreed individually.

8.4 The prices agreed between the parties when the contract was concluded in accordance with Section 3.3 apply to the agreed scope of services and delivery. Special and additional services going beyond the agreed service and scope of delivery are to be paid for separately by the customer. This applies in particular in the case of special or extra requests by the customer after the conclusion of the contract. Section 9 applies to such.

8.5 MYMY offers the customer the choice of the following payment options, whereby MYMY expressly reserves the right to refuse the payment method selected by the customer in individual cases:

8.5.1 Payments by debit card, credit card, giropay, SOFORT or PayPal as part of the ordering process
8.5.2 Payment in advance or on account.

8.6 In the case of payment in accordance with Section 8.5.1 during the ordering process, the following applies:

8.6.1 The agreed total price is due at the time the contract is concluded.
8.6.2 All payments except PayPal are processed by the third party provider Stripe Payments Europe, Limited, The One Building, 1 Grand Canal Street Lower, Dublin 2, Co. Dublin, Ireland (hereinafter: "Stripe Europe Limited"). In order to prevent and detect cases of fraud, MYMY transmits the customer's IP address to Stripe Europe Limited. The IP address is saved by Stripe Europe Limited. All data is transmitted in encrypted form. You can revoke your consent at any time with future effect using the contact details in the legal notice.
8.6.3 All PayPal payments are processed by the third-party provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal Europe Sarl"). In order to prevent and detect cases of fraud, MYMY transmits the customer's IP address to PayPal Europe Sarl. The IP address is saved by Stripe Sarl. All data is transmitted in encrypted form. You can revoke your consent at any time with effect for the future using the contact details in the imprint.
8.6.4 If the scope of the order is subsequently changed in accordance with Section 9.1, MYMY will invoice the customer for any additional amount. § 8.7.1 applies accordingly. Alternatively, MYMY requests the additional amount via Stripe Europe Limited or PayPal Europe Sarl after the customer has given the consent.

8.7 The following applies to payment on account:

8.7.1 The agreed total price is due at the time stated in the invoice.
8.7.2 As a rule, the invoice is issued within 14 days of the provision of the service by MYMY.

8.8 MYMY is entitled, regardless of the payment method chosen by the customer, to request a down payment of the total price after the conclusion of the contract. The amount of the deposit is at the discretion of MYMY and depends, among other things, on the catering services selected and the volume of the order. For orders over € 3,000, MYMY can make a deposit of up to 100% of the total price. If the customer has chosen to pay on account, MYMY will, in deviation from § 8.7.2, provide the customer with an invoice on account to which § 8.7.1 applies. MYMY reserves the right to provide catering services only after the required down payment has been made.

8.9 The customer is only entitled to offset claims from MYMY if the claim against MYMY is undisputed or has been legally established. This does not exclude the possibility of any overpaid amounts being returned due to the right to enrichment.

8.10 The customer is only entitled to assert rights of retention if these are based on the same contractual relationship.

§ 9 Changes, Cancellations

9.1 After the order has been placed, changes to the order by the customer are only possible by means of an agreement in text form. The changes must be approved in writing by MYMY.

9.2 The following changes are generally possible without the customer being entitled to a change:

- Changes in the volume of the selected catering products amounting to +/- 5% of the originally ordered volume

- Change in food selection.

9.3 After the order has been placed, free cancellations by the customer are only possible in accordance with the following deadlines, which are staggered according to the total price of the order, before the respective service date. If the customer complies with the cancellation deadlines, MYMY waives its statutory right to compensation:

- Total price of the order up to €2,000 including VAT - up to 7 days before the agreed time of performance

- Total price of the order up to €10,000 including VAT - up to 3 weeks before the agreed time of performance

- If the total price of the order is over €10,000 including VAT – up to 8 weeks before the agreed time of performance or by individual written agreement

9.4 If several consecutive, related orders are placed for the same event, the order value relevant for cancellations results from the total sum of all orders.

9.5 The above cancellation conditions do not apply to Meal Plan contracts in accordance with Section 7 above.

§10 Liability

10.1 MYMY is fully liable for breaches of duty by MYMY or its representatives or vicarious agents that are based on intent or gross negligence. If an essential contractual obligation - i.e. an obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the customer can regularly rely - is simply negligently breached, the liability of MYMY is limited to the damage that is foreseeable and typical for the contract when the contract was concluded. Otherwise, MYMY's liability - also for vicarious agents and vicarious agents - is excluded.

10.2 The exclusions and limitations of liability provided in Section 9.1 do not apply in the event of injury to life, body or health or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

10.3 MYMY is particularly not liable for damage resulting from the use of customer data that the customer has provided incorrectly, or incompletely and / or not in good time. This does not apply if the data was originally transmitted correctly, completely and on time by the customer.

§11 Miscellaneous, final provisions

11.1 If these terms and conditions require the submission of a declaration in text form, an email is sufficient.

11.2 Should individual provisions of these terms and conditions be or become wholly or partially ineffective or unenforceable, this shall not affect the validity of the remaining provisions. In place of the ineffective provision, that effective provision is deemed to be agreed which comes closest to the economic sense and purpose of the ineffective provision.

11.3 These terms and conditions as well as the contracts concluded on the basis of these terms and conditions are subject to the law of the Federal Republic of Germany, excluding the UN sales law.

11.4 If the customer is an entrepreneur or a legal person, the place of jurisdiction for all disputes resulting from these terms and conditions as well as from the contracts concluded on the basis of these terms and conditions is Berlin.

§12 data protection

12.1 MYMY collects and stores the customer's data necessary for business transactions. When processing the customer's personal data, we observe the statutory provisions. Further details can be found in the data protection declaration available on the website.

12.2 On request, the customer receives information about the personal data stored by MYMY at any time.

- As of: 25.06.2020 -