‍1. general information

1.1 These General Terms and Conditions ("GTC") shall apply to all transactions and contracts concluded between Foodji GmbH ("Foodji") and a customer ("Customer") via the website https://www.foodji.com ("Website"), via the app "Foodji" ("App") provided by Foodji or via the Foodji food vending machines ("Food Vending Machines") provided by Foodji.

1.2 Contractual Partner of the Customer is Foodji

Foodji GmbH
Auenstr. 5
80469 Munich
Germany

represented by the managing directors Felix Munte and Daniel von Canal, registered in the Commercial Register of the Munich District Court under HRB230861, VAT ID: DE310162706

E-mail address: hello@foodji.com
Phone: +49 89 552 09 468

1.3 The version of the GTC valid at the time of conclusion of a contract shall be authoritative. Foodji reserves the right to make changes to these GTC.

1.4 Terms and conditions deviating from and/or exceeding these GTC are not recognized unless Foodji expressly agrees to their validity in writing.

1.5 Customers in the sense of these GTC are exclusively consumers in the sense of § 13 BGB.

1.6 The contractual language is German. In case of translations into other languages, the German version shall prevail. The text of the contract is not stored by Foodji.

2. services

2.1 Foodji provides a website, app and food vending machines ("Platforms")through which Customers can order food, beverages and other goods ("Goods") and take them out of the food vending machine ("Service").

3. registration and user account

3.1 The installation and use of the App is possible without registration. However, in order to place orders via the App, the Customer must create a customer account ("User Account") by following the registration instructions in the App. When registering a User Account, the Customer must provide a password and submit to Foodji certain personal data such as name, address, email address and, in the case of paid orders, at least one valid payment method. The registration is free of charge. There is no right to registration. Alternatively, the Customer may register and also log in via an existing social media account. For this purpose, the customer must confirm the data transmitted via the social media account.

3.2 Each customer can only register once. Customers must be at least 18 years old and are responsible for ensuring that the data and payment information they provide are always up-to-date, complete and truthful.

3.3 The customer shall ensure that unauthorized persons do not gain access to the terminal device used for ordering and/or the data necessary for ordering via the customer's user account. If the Customer breaches this obligation, the Customer shall be liable for all activities originating from its user account caused by this breach of obligation, unless the Customer is not responsible for it. The Customer will inform Foodji immediately after becoming aware of any unauthorized use of his User Account.

3.4 Foodji endeavors to ensure the continuous accessibility of the App, but assumes no liability for its permanent availability.

3.5 The customer can delete his user account at any time. With the deletion of the user account, ordering goods via the app is no longer possible.

4. copyrights

4.1 Foodji grants the Customers the non-exclusive, non-sublicensable and non-transferable right, limited in time and revocable at any time, to access the Services via the Platforms provided by Foodji solely for the purposes set forth herein and to use them accordingly. Any further use of the Platforms, including the displayed images, signs, symbols or product descriptions, is not permitted without the express consent of Foodji. The Platforms are protected by copyright.

4.2 When using the Platforms, it is prohibited to copy, modify or create derivative works of the information presented there as well as the software related to the Services. It is further prohibited to extract (e.g. by "scraping") to the goods displayed and offered on the Platforms and/or to reuse the information outside the Platforms.

5. conclusion of contract

5.1 For the purchase and receipt of goods, the customer must conclude a separate purchase contract with Foodji from the contract of use of the Platforms.

5.2 A selection of goods is digitally displayed to the Customer in the App or at a Food Vending Machine, which the Customer can place in his/her digital shopping cart in the App. Placing goods in the shopping cart does not create a purchase contract between the Customer and Foodji. The presentation or advertising of goods does not constitute a legally binding offer by Foodji to conclude a purchase contract, but merely an invitation to submit a contract offer(invitatio ad offerendum). The purchase contract is concluded as described below:

5.3 By direct selection at the food vending machine:

5.3.1 The Customer can select individual goods from an assortment of goods digitally displayed on the Food Vending Machine and place them in the shopping cart. After the customer has selected goods and placed them in the shopping cart, he has the option of checking and changing his selection of goods in the order overview.

5.3.2 By clicking the "Buy Now" button in the order overview, the customer submits a legally binding offer to conclude a purchase contract for the goods contained in his shopping cart.

5.3.3 By activating the payment option at the food vending machine, Foodji accepts the customer's offer to conclude a purchase contract. After completing the payment process, the customer can remove the ordered goods from the dispensing slot.

5.4 By selecting in the app:

5.4.1 First, the customer must select an available food vending machine as a pick-up station in the app. After the customer has selected his desired goods and placed them in the shopping cart, he has the option of checking and changing his selection of goods in the order overview.

5.4.2 By pressing the "Buy Now" button in the order overview, the customer submits a legally binding offer to conclude a purchase contract for the goods contained in his shopping cart. The ordered goods are reserved for the customer in the selected food vending machine for the pick-up period displayed in the app.

5.4.3 By pressing the button "Pick up now" in the order overview of the App, a QR code is activated by Foodji on the selected Food Vending Machine, which the Customer can scan with the App. By scanning the QR code, Foodji accepts the Customer's offer to conclude a purchase contract. After successful scanning of the QR code, the purchased goods are dispensed from the dispensing slot of the food vending machine for removal by the customer.

5.5 If goods ordered by the Customer are not available, Foodji will inform the Customer immediately.

5.6 Goods ordered from Foodji remain the property of Foodji until their final delivery to the Customer.

6. prices

6.1 Only the purchase price of the respective goods displayed in the App or the Foodji Meal Machine shall apply.

6.2 All prices are inclusive of the value added tax applicable to the specific goods.

6.3 The current total value of the shopping cart is shown to the customer in the shopping cart or in the order overview.

6.4 Optionally, coupon codes can be entered in the ordering process and applied to selected purchases, reducing the price of the goods.

6.5 Insofar as a deposit is charged on beverage and other packaging, the deposit is not included in the purchase price shown. In addition, the amount of the deposit shall be shown separately.

7. subsidy program

7.1 Within the framework of subsidy programs ("Subsidy Program"), participating customers shall be enabled to obtain goods at discounted prices from the respective Meal Machine.

7.2 Only customers who have been authorized by the respective site operator of the Meal Vending Machine (e.g. employer) ("Site Operator") by means of a provided code or by validation of an e-mail address assigned by the Site Operator may participate in such subsidy program. The Site Operator is responsible for assigning codes and email addresses. The benefit is made possible through a subsidy provided by the Site Operator. Foodji, through the placement of the food vending machine, merely provides the platform to purchase the merchandise.

7.3 By agreeing to these GTC, each customer participating in a subsidy program undertakes to participate in it only once and to use the benefit only personally. Multiple participation, the transfer or passing on of the benefit or the codes or e-mail addresses required to use the benefit to third parties is expressly not permitted.

7.4 Foodji is entitled to disclose the data of all Customers participating in a subsidy program to the Site Operator. This serves to fulfill the obligations of the Site Operator and the legal requirements for subsidizing employee catering. The transmitted data serves to identify the participating customer and all purchases made via the subsidy program.

7.5 The Subsidy Program may be terminated by the Site Operator at any time. The Customer participating in the Subsidy Program may also withdraw from the Subsidy Program for its part by contacting Foodji via the contact options pursuant to Clause 1.2.

8. terms of payment

8.1 The purchase price for the goods ordered from the food vending machine must be paid immediately after placing an order or after conclusion of the contract. For orders placed via the app, the purchase price is generally due for payment immediately. However, Foodji reserves the right to collect orders from the customer and only collect the purchase price for payment as soon as the total amount of the customer's orders placed and not yet paid exceeds a certain (gross) amount or a specified period of time has passed since the last order.

8.2 The Customer may pay with the means of payment specified on the platforms. The management of the Means of Payment in the App is carried out via the Customer's user account. Foodji reserves the right to offer additional payment options at any time or to remove individual payment options from the Platforms.

8.3 Default / bank charges

If the customer defaults on a payment or if a payment is not executed due to insufficient funds in the account, incorrect details or an unauthorized chargeback, we reserve the right to charge the customer for any bank or transaction fees incurred as a result. This applies in particular to returned direct debits, rejected credit card payments or comparable payment transactions.

The customer undertakes to reimburse the additional costs incurred as a result of such failed transactions without delay, insofar as the customer is responsible for them. Further claims, in particular default interest in accordance with § 288 BGB and reminder costs, remain unaffected.

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9. liability

9.1 Claims of the Customer for damages are excluded. Excluded from this are claims for damages of the Customer arising from injury to life, body, health or from the breach of essential contractual obligations, the fulfillment of which is necessary to achieve the goal of the contracts concluded between Foodji and the Customer and on the compliance with which the Customer could rely (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by Foodji, its legal representatives or vicarious agents or the Platforms.

9.2 In case of breach of material contractual obligations Foodji is only liable for the foreseeable damage typical for this type of contract, if such damage was caused by simple negligence, unless it concerns claims for damages of the Customer resulting from injury to life, body or health.

9.3 The provisions of the Product Liability Act shall remain unaffected by Clauses 9.1 and 9.2.

10. technical requirements

10.1 The use of the Website and App requires appropriate compatible devices and sufficient internet access and/or telephone connection, which the Customer shall keep ready at its own responsibility and expense. Foodji does not assume any responsibility for the loss or improper transmission of information and/or services based on the Customer's failure to provide the necessary conditions.

11. data protection notice

11.1 The privacy policy, which can be accessed on the platforms at any time, shall apply.

12. final provisions

12.1 Choice of law

Contracts between the contracting parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.

12.2 Dispute resolution procedure

The EU Commission has created an Internet platform for online dispute resolution. More information is available at the following link: http://ec.europa.eu/consumers/odr. The Customer is informed according to § 36VSBG that Foodji is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Status: April 2025