General terms and conditions (customers)
as amended on 30 June 2020
piq Technology GmbH
regarding the use of the piq services.
The piq services enable end customers (“Customers”) to order food, beverages, other food or non-food items (e.g. magazines) from registered retailers (the “Partners”). For this purpose, the Company operates an online platform for the brokerage and mobile payment of products on the website piq.xyz and other domains as well as on applications for mobile devices (the latter also referred to as “App”, all together referred to as “online platform”).
The following General Terms and Conditions apply to the contractual relationship between the customer and the company regarding the use of piq services. Insofar as the partner does not include its own General Terms and Conditions, they shall also apply to the contractual relationship between the customer and the partner for all contracts mediated between them via the online platform.
- The Company operates an online platform for the pre-ordering of products, in particular food & beverages (meals, beverages, food) and non-food items (e.g. magazines, collectively the “Products”) by customers on the online platform. The Company enables customers to order goods online directly from the partners registered with the Company within the framework of a brokerage via the online platform. In addition, the Company offers the Customer a mobile payment service (hereinafter referred to as “mobile payment”) via the online platform. Via the online platform, customers can issue a payment instruction for the purchase of the products they have ordered, which will be credited to the partner for the delivery of goods or the provision of services in the partner’s business after the purchase transaction has been completed.
- The contract for the purchase of products is concluded exclusively between the Partner and the Customer. The Company is only an intermediary and operator of the online platform and does not make any declarations itself; the Company is neither entitled nor obliged. The fulfilment of all contractual obligations is the sole responsibility of the Partner.
- The customer can only place an order via the online platform if he has previously registered free of charge via the app. The customer undertakes to provide all information relevant to the order (e.g. name, address, e-mail address) completely, truthfully and conscientiously. Furthermore, the customer assures that the stored information is up-to-date at the time of the order.
- The Company is entitled to have its obligations fulfilled by third parties. Within the scope of its monitoring obligation, the Company will ensure that third parties comply with its obligations.
- Prerequisite for the use of the online platform is the registration with the Company and the associated creation of a customer account. By registering on the online platform, the Company and the Customer conclude a contract which entitles the Customer to use the online platform and to make use of the Company’s brokerage services subject to these General Terms and Conditions.
- Registration is effected by the customer entering the necessary data on the online platform and completing the entry process by clicking on the “Register” button (or similar term). By completing the registration process, the Customer submits an offer to the Company to conclude a contract of use of the online platform. This offer is accepted by the Company by sending a registration confirmation by e-mail. In this confirmation, the Customer will receive the access data necessary for registration on the online platform (hereinafter referred to as “Account”). The customer has no claim to registration and participation.
- The customer is not permitted to register more than once. As far as the Provider detects multiple registrations, he is entitled to shut down the multiple registration or all registrations.
- The registration is a personal registration and not transferable.
- The customer undertakes to keep his access data secret from third parties. All orders placed with the Customer’s access data must be attributable to the Customer, unless the Customer has informed the Company in good time (e.g. on the online platform, by e-mail or by telephone) of the loss of his access data or any other suspicion of misuse.
Order process for food and other goods
- The contract concluded via the online platform for food or other goods prepared to order is concluded exclusively between the customer and the partner. All goods offered on the online platform merely represent a non-binding invitation to the customer to submit offers.
- In order to place an order, the customer must first select the partner he wishes to use. After selecting the partner, the customer can add the goods offered by the partner to his personal shopping basket by clicking on the button “Add to shopping basket” (or similar designation) or on the button “+” (or similar designation). In the shopping cart, the customer can check and change the individual goods and specify the desired time for picking up the goods. By clicking on the button “binding order” (or similar designation), the customer orders the goods displayed in the shopping cart at that time (“order”) from the partner selected by him. Subsequently, the customer must select his payment method and provide the necessary data (if not already stored).
- By sending the order, the customer submits an offer to the partner for the conclusion of a purchase or work delivery contract. The partner accepts the customer’s order and informs the customer on the online platform (in particular the app) or to the e-mail address provided by the customer about the receipt of the order (order receipt confirmation).
- The pick-up time indicated by the customer can also be adjusted after confirmation of the order receipt until the pick-up confirmation is sent by both the customer and the partner.
- The customer can revoke the offer to conclude the contract at any time until the partner has started to prepare or provide the product.
- The binding acceptance of the contract by the Partner is effected by sending the confirmation that the order can be collected. The pickup confirmation can be sent on the online platform, the app or to the e-mail address provided by the customer. With the sending of this pickup confirmation, the contract is effectively concluded, so that – even if the customer does not pick up the ordered goods – the customer’s payment obligation is subject to an effective revocation of the order or a withdrawal from the purchase or work delivery contract (each as far as legally permissible).
- The Partner must store the order for 30 minutes from the agreed pick-up time. After this time he is entitled to dispose of the order. The customer has no right to compensation. The partner shall not be liable for any deterioration of the order which occurs after the pick-up time without intent or gross negligence (e.g. a hot drink gets cold).
- Insofar as the partner demands a fee for the execution of the order, the partner will inform the customer of this before the conclusion of the order as a separate item in the order overview before the conclusion of the order by the customer. The overview of the possible fees can be found in the partner’s price overview.
- If images of products are shown to the customer when placing an order, these are only images for illustration or symbolic images. These do not represent an agreement on quality.
- The Partner is solely responsible for the description of the product and in particular for the specification of its ingredients.
Prices and payment transactions
- For the conclusion of the contract via the online platform, the prices displayed at the time of the order shall apply. All prices displayed on the online platform are in Euro and include the statutory value added tax.
- Promotional/promotional/discount vouchers and/or promotional/promotional/discount codes cannot be combined with other promotions, discounts or campaigns. In all other respects the respective conditions of participation apply to the vouchers, codes and promotions. In all other respects, the statutory provisions shall apply. The possibility of cash payment of vouchers is always excluded.
- The customer’s orders via the online platform can only be paid by the customer within the framework of an online payment process. The company provides online payment services for this purpose (e.g. MasterCard, Visa). The payments are processed by Stripe Payments Europe Ltd, Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland (“Payment Provider”), to which the relevant information such as the customer’s name, credit card data and the amount of the fee to be paid is transmitted. Unless otherwise agreed, the General Terms and Conditions of the Payment Provider shall apply.
- For online payments, the customer is obligated to ensure sufficient funds in the account concerned or to make credit card payments only within the respective permitted credit limit.
- If the customer chooses to pay by direct debit, the total amount is immediately due for payment by direct debit by the payment provider from the bank account indicated in the order process at the credit institute indicated there. The customer hereby issues the payment provider with a SEPA direct debit mandate for the collection of due payments and instructs his financial institution to honour the direct debits. The payment provider uses the creditor identification number of the company : DE97ZZZ00002308666 for the payments. By selecting “Direct Debit” as payment method, the customer confirms that the bank account indicated has the required coverage and that the customer is entitled to dispose of the bank account indicated. In the event of a return debit note (e.g. due to lack of funds or objection by the account holder), the customer authorizes the payment provider to collect the total amount due plus the costs incurred by the return debit note from his account again as a debit note. In this case, the customer is obliged to bear the costs incurred by the return debit note.
- After submission of the binding offer by the customer, a pre-authorization of the payment is made, which is only cancelled in case of an effective revocation.
- After notification by the partner that the order is ready for collection, the money will be collected via the direct debit authorization issued or via the credit card.
Complaints about defects
The partners keep a complaint period of at least 24 hours after the order open. During this period the complaint can be submitted via the app. The complaint will be sent directly to the partner. After examining the facts of the case, the partner decides on a reaction to the complaint and reserves the right to arrange for an amount between 0 and 100% of the order value to be credited.
The statutory rights remain unaffected by this.
(1) Cancellation policy
If the customer is a natural person within the meaning of § 13 BGB, he has the following right of revocation. The Provider shall receive the declaration of revocation as representative of the Partner.
The customer has no right of revocation if the ordered goods are not prefabricated and the production of which is based on an individual selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer (§ 312g Abs. 2 No. 1 BGB), which can spoil quickly or whose expiration date would be quickly exceeded (§ 312g Abs. 2 Nr. 2 BGB) or which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery (§ 312g Abs. 2 Nr. 3 BGB). Such goods are in particular:
- Food, open drinks, such as coffee/tea in cups, other freshly prepared food/meals as ordered by the customer;
- Goods which require the maintenance of a maximum temperature, such as foodstuffs requiring refrigeration, frozen food after delivery to the customer;
- Drinks in bottles, cans or other containers after opening the closure;
- Hygiene articles after removing the outer packaging.
(2) Right of withdrawal
The customer has the right to cancel the contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which the customer or a third party named by him has taken possession of the goods. In order to exercise the right of revocation, the customer must inform the company (piq Technology GmbH, Albert-Granderath-Str. 8, 47877 Willich, Germany, telephone number: +49 800 7777 747, e-mail address: revocation@piq. xyz) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of the decision to revoke this contract. The customer may use the attached sample revocation form for this purpose, but this is not mandatory. The Customer may also electronically complete and submit the sample revocation form or any other unambiguous statement using the contact form on the Company’s website www. piq. xyz/widerruf. If he makes use of this option, the Company will immediately (e.g. by e-mail) send the Customer confirmation of receipt of such a revocation. In order to comply with the revocation period, it is sufficient for the customer to send the notification of the exercise of the right of revocation before the end of the revocation period.
(3) Consequences of revocation
If the Customer cancels this Agreement, the Company shall reimburse the Customer for all payments received from the Customer without delay and at the latest within fourteen days of the date on which the Company received notification of his cancellation of this Agreement. For this repayment, the Company shall use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise with the Customer; in no event shall the Customer be charged for this repayment. The Company will collect the goods. The Company shall bear the cost of returning the goods. The Customer shall only be liable for any loss of value of the Goods if such loss of value is due to handling of the Goods which is not necessary to verify the nature, properties and operation of the Goods.
piq Technology GmbH
47877 Willich, Germany
E-mail address: email@example.com
Hereby I revoke the contract concluded by me for the purchase of the following goods
Collection number or order number
Name of the partner
Name of the consumer
Address of the consumer
Date and signature of the consumer (only in case of communication on paper)
- Insofar as the Customer can evaluate the services of the Company and the Partners on the online platform, an evaluation refers to the reliability of the Partner and the quality of the goods offered by the Partner. If the customer makes an evaluation, the customer is obliged to make the evaluation to the best of his knowledge and belief. The Customer permits the Company the non-exclusive, free of charge, temporally and spatially unlimited use of the contents of the evaluation transmitted by the Customer as well as the internal storage of the Customer’s data for the evaluation and the time and further technical details at the time of the submission of the evaluation.
- The Company is entitled but not obliged to publish the Customer’s rating on the online platform so that it can be viewed by all other customers. When submitting the rating, the customer selects the display name to be displayed for the rating. The Company is entitled to delete a published rating at any time.
- The customer may not make false statements in the evaluation or use the evaluation system for advertising purposes or other misuse. The customer is forbidden to give an evaluation which has an insulting, discriminating or misleading content. Should the customer violate the rights of third parties through the evaluation, he is obliged to indemnify the Company from claims of third parties.
Liability of the Company to the Client
- The Company as well as its representatives and vicarious agents are liable to customers in the event of intent or gross negligence in accordance with the statutory provisions. The same applies to damages caused by negligence resulting from injury to life, body or health.
- In the case of other material and financial damages caused by negligence, the Company shall only be liable in the event of a breach of a material contractual obligation, but the amount of liability shall be limited to the damages foreseeable at the time of conclusion of the contract and typical for the contract. Material contractual obligations are those whose fulfilment characterises the contract and on which the contracting parties may rely.
- Claims of the customer arising from the Product Liability Act are not affected by the above liability regulations.
- Otherwise the liability of the company is excluded. In particular, the Company shall not be liable in the event of third-party fault or in the event that the online platform cannot be accessed (e.g. due to technical problems, failure of the Internet connection, etc.).
- The company is also not liable for the content and the execution of the existing contractual relationship between the partner and the customer including the data/data/information provided by the partners in the app. The Company does not assume any guarantee for the services provided by the Partner to the customer. The following provisions shall apply to any liability of the respective Partner as a contractual partner of the customer.
- The company is not liable for damages caused by force majeure, riots, war or natural disasters or other events for which it is not responsible (e.g. strike, lockout, traffic disruptions, pandemics, governmental orders at home and abroad).
Partner’s liability towards the customer
- The partner as well as its employees, representatives and vicarious agents are liable to the customer in the event of intent or gross negligence in accordance with the statutory provisions. The same shall apply in the case of damages caused by negligence resulting from injury to life, body or health.
- In the case of other material and financial damages caused by negligence, the partner shall only be liable in the event of a breach of a material contractual obligation, but the amount of liability shall be limited to the damages foreseeable and typical for the contract at the time of conclusion of the contract. Essential contractual obligations are those whose fulfilment characterises the contract and on which the contracting parties may rely (for example, complete non-delivery, although a contract has been concluded and not contested).
- Claims of the customer arising from the Product Liability Act are not affected by the above liability regulations.
- Otherwise the liability of the partner is excluded.
- The customer can use the online platform for an indefinite period of time.
- The Customer and the Company are entitled to terminate the user relationship at any time in text form with immediate effect without giving reasons.
- The contractual relationships concluded between the customer and partners are not affected by a termination of the contract with piq.
The company observes the statutory provisions on data protection. In all other respects, the regulations in the data protection declaration apply. This is available at www.piq.xyz/privacy.
- With regard to all legal relationships arising from this contractual relationship, the contracting parties agree to the application of the law of the Federal Republic of Germany, excluding its conflict of laws rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG), unless this would deprive the consumer of the protection afforded to him by the mandatory provisions of the state in which he has his habitual residence. In the latter case, the law of the country in which the consumer has his habitual residence shall apply.
- If the customer is a merchant, a legal entity under public law, a special fund under public law or a consumer who has moved his residence abroad after conclusion of the contract or whose residence cannot be determined at the time of filing a suit, the place of jurisdiction for all possible disputes arising from this business relationship shall be the company’s registered office. Mandatory legal provisions regarding exclusive places of jurisdiction remain unaffected by this provision.
- In the event that a provision of these general terms and conditions should be invalid, the validity of the other provisions shall not be affected. This applies in particular to the contract already concluded. The invalid clause shall be replaced by the statutory provision.
- In the event of differences of interpretation of the texts or the wording of this document in German and another language, the German version shall prevail.