General terms and conditions
FIMOFO e.K. (hereinafter: Provider) provides the entrepreneur (hereinafter: Customer) with an online platform for location advertising for street food, as well as the possibility of offering gastronomic services by means of catering. This serves as a sales and marketing channel as well as a digital marketplace. Contractual partners of FIMOFO e.K. are exclusively entrepreneurs and tradesmen. These General Terms and Conditions (hereinafter: GTC) shall apply to all services provided by the Provider on or via this website, including the functionalities related thereto, unless otherwise agreed in accordance with these GTC. Deviating agreements prior to or upon conclusion of the contract must be made in writing (here and hereinafter: including by post and e-mail).
2. Conclusion of contract
2.1 In order to use the free basic services, the customer must register with the provider free of charge. For this purpose, the Provider shall provide the Customer with a digital registration process. The registration is carried out by the customer on his own responsibility by providing the company data and contact details. By registering, the customer confirms that he/she is acting as an entrepreneur within the meaning of § 14 BGB (German Civil Code). In particular, the customer releases the provider from liability with regard to the violation of copyrights and/or trademark rights.
The customer may then use the basic services without restriction. The contract for the use of the basic services between the provider and the customer comes into effect with the provider's feedback. There is no right to admission. The decision is made solely by the provider.
2.2 Contracts for the use of chargeable services are concluded by the customer ordering them in the access-protected area. Functions subject to payment are the booking of a location for a certain day of the week or a selected date or dates, specifying the stand time, as well as the possibility of offering gastronomic services by means of catering, so that a listing can be created under the heading the search.
The booking of a weekday with the selected stand time is valid for every weekday of the current month. The booking for a specific date is valid once for the selected date or dates. The booking of the catering option is valid for the entire current month.
Bookings of a weekday or the booking of the catering option remain active until the selected expiry date. If no expiry date has been defined, a booking will be extended for a further month at a charge. In this case, cancellation is possible at any time. If a booking is cancelled in the current month, the full amount for that month must still be paid. The same applies to a booking of a selected date or dates, the entire amount for the corresponding date or dates in the respective booking month must still be paid.
2.3 If a food truck that has already been created is deleted, all associated locations will be deleted and any active bookings automatically cancelled.
2.4 Functions that are subject to a charge can only be used if a billing address has been entered beforehand and bank details have been deposited with the consent of the SEPA direct debit mandate.
3. Use and requirements
3.1 The customer receives access to the services upon conclusion of the contract in accordance with section 2. Each account may only be used by the customer to whom the account was assigned during registration. The customer must keep the account data secret and protect it from access by third parties by taking appropriate precautions. In the event of infringement, the Provider reserves the right to block the Customer's access.
3.2 The Provider shall make the services available to the Customer on a continuous basis, but to the exclusion of maintenance work and technical failures for which the Provider is not responsible. As far as possible, the Provider shall inform the Customer about planned maintenance work in good time.
3.3 The services of the Provider do not include the procurement and provision of hardware and software for the input and retrieval of information and data.
3.4 The Provider is entitled to temporarily block the Customer's account if the Customer is guilty of serious breaches of contract, in particular breaches of the obligations listed in section 6, or if there is sufficient suspicion. If the customer continues the violation despite a warning or if the violation is so serious that the provider cannot reasonably be expected to continue the contractual relationship, the provider is entitled to terminate the contract without notice and without reimbursement of any amounts paid.
4. Rights and duties
4.1 For the term of the contract, the Provider grants the Customer a simple, non-exclusive right to use the services within the scope of his commercial or self-employed activity for his own use. The customer may only use content which he receives from the provider for his own use within the scope of his commercial or self-employed activity. Any use beyond this is excluded. Violations will result in the account being blocked.
4.2 The customer is obliged to use the services of the provider exclusively for the intended purpose and in compliance with the restrictions resulting from the respective service descriptions and in compliance with the contractual secondary obligations. When using the services, the customer shall refrain from any violation of legal provisions and from misuse. In particular, he is obliged to observe all rules generally applicable to the use of the Internet.
The customer is solely responsible for keeping his data up to date. If changes are made to data already stored in the system, the customer is obliged to update this data immediately after the change. The customer is liable for the correctness of the data provided to third parties.
5. Changes in performance
5.1 The Provider is entitled to update, expand, exchange or restrict functions at any time in order to ensure their quality standard, insofar as this does not disproportionately disadvantage the Customer. This is especially not the case if technical changes are necessary or safety aspects require this. A deviation to the detriment of the customer is not permissible. The provider is free to choose the technical means to provide the agreed services.
5.2 In the event of restrictions, the customer shall have an extraordinary right of termination.
6. Remuneration
6.1 The amount of the remuneration for the services of the Provider shall be based on the conditions applicable at the time of conclusion of the contract, applying the applicable dynamic discount system where applicable.
For services within one month, the full month shall be charged. All prices are in Euro plus VAT, plus shipping costs, if applicable.
6.2 The remuneration shall be due immediately upon booking and confirmation and paid by direct debit. All bookings of a month are invoiced monthly in the total number and sum of all costs plus VAT. Invoices are always sent at the beginning of the following month and only by e-mail. The amount determined with the invoice will then be collected exclusively by direct debit 14 days after the invoice date.
6.3 The Provider reserves the right to increase the remuneration appropriately with three months' notice to the end of the quarter. In this case, the Provider shall be obliged to inform the Client in writing in compliance with the aforementioned period. In the event of increases of more than 15%, the customer shall have an extraordinary right of termination.
6.4 Offsetting by the customer is excluded unless the counterclaim is legally established, ready for decision or undisputed. The customer may only assert a right of retention against claims of the supplier insofar as it is based on claims from the same contractual relationship that are undisputed, ready for decision or legally established.
7. Warranty
7.1 The warranty for defects shall be governed by the statutory provisions, with the exception of paragraphs 2 and 3.
7.2 The Provider shall provide its services with the care to be expected. There is no warranty for the data and functions.
7.3 The customer shall only be entitled to claims for damages due to defects insofar as the liability of the provider is not excluded or limited in accordance with § 8.
8. Liability
8.1 Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
8.2 In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
8.3 The limitations of liability resulting from paragraphs 1 and 2 do not apply if the supplier has fraudulently concealed the defect or has given a guarantee for the quality of the item.
8.4 The limitations of paras. 1 and 2 also apply in favour of the legal representatives and vicarious agents of the supplier if claims are asserted directly against them.
8.5 With the exception of claims arising from tort, claims for damages by the customer, insofar as the customer is an entrepreneur, shall become statute-barred one year after the statutory commencement of the limitation period.
9. Contract period
9.1 Bookings remain active until the selected expiry date. If no expiry date is defined, a booking is extended by one month at a time until the booking is cancelled.
Termination
9.2 The right to terminate without notice for good cause remains unaffected.
9.3 Bookings can only be cancelled individually; if a Foodtruck is cancelled, all active bookings are automatically cancelled (see 2.3).
9.4 The cancellation can only be made via the booking system by means of the selection field "Cancel booking".
10. Final clauses
10.1 The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10.2 The place of performance for all obligations of the contractual partners is at the registered office of the Provider.
10.3 The exclusive place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.
10.4 Should individual provisions in these General Terms and Conditions or the Special Terms and Conditions be void, the remainder of the contract shall remain valid.
10.5 Amendments to the contract or ancillary agreements must be made in writing. The same applies to the waiver of this formal requirement. The same applies to amendments to the GTC. In this case, the customer must be notified in writing with one month's notice before the new GTC come into force. In this case, the customer has an extraordinary right of termination.