§ 1 Preamble
‍
Hey Group GmbH, Gormannstraße 14, 10119 Berlin, registered in the commercial register of the Berlin-Charlottenburg District Court under HRB 168352 B (hereinafter “Hey cater!”) makes it easier for its customers (hereinafter “client”) to search for the catering they want by saving their customers from making numerous inquiries to various catering companies. For this purpose, heycater operates! the online platform www.heycater.com (hereinafter referred to as “PLATFORM”), including food and beverage deliveries and related services (hereinafter referred to as “catering service”) at heycater! can be booked as a contractor.

The client is looking for such catering services and has the opportunity to obtain and commission various offers for this purpose via the platform.

Clients can be both “consumers” within the meaning of § 13 BGB and “entrepreneurs” within the meaning of § 14 BGB. In accordance with § 13

The contract partners are collectively referred to as “the contracting parties” or “the parties”.


§ 2 Contract parties/service providers, registration/access data, request for a catering service, conclusion of contract

2.1. Heycater! provides a CATERING SERVICE agreed via the PLATFORM as the client's contractual partner and contractor.

2.2. Heycater! has concluded contracts with a large number of CATERERS and uses them - internally - to carry out the CATERING SERVICE.

2.3. The client must first register on the PLATFORM and choose her personal login details (login name and password). When registering, in particular, the first and last name or company name, the chargeable address, any different billing address, telephone number and e-mail address must be provided.

2.4. The login details are confidential. They may not be passed on to third parties. The client ensures that the access data is carefully stored and that the passwords are changed at regular intervals. If a CATERING SERVICE has been ordered using these login details, an order is considered to have been initiated by the client or a person authorized by this person, unless proven otherwise.

2.5. After logging in, the client can request a CATERING SERVICE on the PLATFORM. On the platform, heycater will - at your own discretion - be used by heycater! Different booking channels may be offered:

- a simplified “MARKETPLACE” offering pre-selected catering products and services (“STANDARD PRODUCTS”),

- an area for INDIVIDUAL INQUIRIES from heycater! To one from Heycater! The selection to be made by CATERERS will be forwarded. INDIVIDUAL INQUIRIES

2.5.1 END CUSTOMERS can use the platform to make an initial non-binding REQUEST for CATERING, providing the necessary information. heycater! is entitled to freely select to which eligible CATERER an end customer request is forwarded. Conversely, the CATERER is also not obliged to make an offer in response to such inquiries.

2.5.2. This will be followed by heycater! Get offers. However, no guarantee is given that the request can be fulfilled.

2.5.3. Each request and subsequent offer from the CATERER contains minimum information on (i) the date, (ii) time of the start of the event, (iii) the desired time of delivery (DELIVERY TIME), (iv) the duration of the planned event, (v) the number of persons, (vi) the specific CATERING SERVICES requested, including the desired food and drinks, vii) the location of the event and delivery, (viii) the budget framework and (ix) any further requests. If necessary, the CUSTOMER will answer missing information and other missing information relevant to a CATERER as soon as possible upon request.

2.5.4. The CUSTOMER will be notified of such inquiries to the email address stored by him in his profile on the PLATFORM. He can access and answer this at any time after logging in to the PLATFORM.

2.5.5. Catering inquiries are usually answered within 48 hours.2.5.5. Catering inquiries are usually answered within 48 hours.

2.5.6. If a CATERER submits an offer, it is generally bound by its offer for a period of at least 7 working days (BINDING PERIOD), calculated from the calendar day following the discontinuation of the offer (BINDING OFFER). If the requested delivery date is within such a binding period, the CATERER may reasonably shorten its commitment period by means of an express declaration made in a graphical and font size.

2.5.7. The individual order is concluded when the CUSTOMER confirms, i.e. accepts, the offer on the PLATFORM by clicking on the “Accept offer for a fee” and/or “Book for a fee” button and the CATERER's binding period has not yet expired. If the commitment period has already expired, the (alleged) acceptance of the customer is instead a now binding new offer from the CUSTOMER, which the CATERER can accept immediately, i.e. without culpable hesitation. OFFERS VIA MARKETPLACE

2.5.8. Heycater! It also offers the so-called “MARKETPLACE” on the platform. In this area, pre-packaged catering services from the CATERER (so-called “STANDARD PRODUCTS”) are offered, which are not subject to special individualization. The above regulations in accordance with sections 2.5.1 to 2.5.7 apply to this area unless they have been amended below:

2.5.9. In the MARKETPLACE, the END CUSTOMER has already placed an order, i.e. the END CUSTOMER has already submitted a binding OFFER. The CATERER can confirm, i.e. accept, this within a shortened response period of 4 hours. A binding contract has thus been concluded.

2.5.10. Provided that a mediation between END CUSTOMER and CATERER is carried out by heycater! The contractual relationships are exclusively between END CUSTOMER and heycater on the one hand! and on the other hand between heycater! and CATERER.

2.6. Special features relating to the place of delivery, such as construction sites, long distances, stairways, non-functioning elevators, etc. must be reported by the client when placing the order, so that heycater! or the partner company can adjust to this in terms of time and organization. The client must point out any necessary official permits or parking permits.

2.7. If possible, the request should not fall short of a lead time of 48 hours; the more extensive the planned catering, the more it is advisable to increase the lead time in the interest of customer satisfaction.

2.8. The offer (s) for the requested CATERING SERVICE is provided by heycater! available to the client in her customer login and informs about this to the client's email address stored in the profile. The client can now review the offers, answer any queries and make more detailed arrangements. This is done by telephone, e-mail or directly through the account.

2.9. If an offer has found the client's satisfaction, the client confirms the selected offer by clicking on the “Confirm offer” button. The client thus submits a binding order, i.e. a binding offer to conclude a contract for the catering service selected by the client and summarized as part of the ordering process.

Heycater! First, immediately confirm receipt of the order placed via the platform by email. Such an e-mail does not yet contain a binding acceptance of the order, unless, in addition to confirmation of receipt, it also expressly declares acceptance of the client's offer to conclude a contract for the ordered catering service.

A The contract is only concluded when heycater! the offerorder confirmation sent to the client in an e-mail Accepts. An email address agreed between the contracting parties must be used. In any case, the client's email stored in the customer account on the platform is admissible.

2.10. heycater! The client agrees to make intensive efforts to fulfill catering requests. However, it does not guarantee that this is possible in every individual case.

2.11. Identity verification and platform access via third-party authentication services heycater! may use a third-party service to provide secure login and identity verification via the OpenID Connect (OIDC) protocol. This service acts as an identity layer over the OAuth 2.0 standard and enables secure login by issuing ID tokens that confirm the identity of end users. Depending on the chosen login method, the user can be redirected to the authentication service to log in, or an ID token is sent directly to the PLATFORM after successful verification. This process complies with recognized industry security standards, including optional use of Proof Key for Code Exchange (PKCE) and support for signed requests to ensure token integrity and session protection. The use of such authentication services may include redirecting the user to specific Uniform Resource Identifiers (URIs) and exchanging data required for a secure login — such as client identifiers and consent areas (scopes). By registering and using the PLATFORM, the customer expressly acknowledges and agrees that:

- Authentication can be done in whole or in part by a trusted third-party identity service.

- Information required for login and verification may be securely transmitted to the authentication service.

- The customer must ensure that their technical environment (e.g. browser configuration) allows communication with the third-party service, including the use of cookies where necessary.

- Store customer login credentials and tokens securely and must not be passed on to unauthorized third parties. heycater! reserves the right to update or change the authentication procedure used, provided that the overall guaranteed level of security and data protection is maintained in accordance with applicable data protection laws and industry-specific standards.


§ 3 Services by heycater!

3.1. catering

3.1.1. The products ordered by the client are made by heycater! or manufactured by the partner company according to the client's wishes for the execution of the order, unless the products are storable, prepackaged or bottled from third-party providers.3.1.2. The ingredients required to make the products are provided by heycater! or procured by the partner company specifically for the respective order, provided that they are not in stock.

3.2. shipment
3.2.1. If and to the extent agreed with the client, heycater delivers! or the partner company delivers the ordered products to the location specified by the client when ordering. After the order has been placed, a change in the place of delivery is only possible in writing and with the express consent of heycater! possible.

3.2.2. Deadlines and dates agreed between the contracting parties for the performance of the catering service are considered to be firmly promised and agreed.

3.2.3. Heycater! may — without prejudice to claims resulting from the client's default — demand from the client an extension of delivery and performance deadlines or a postponement of delivery and service dates by the period in which the client's obligations to cooperate with heycater! and/or does not comply with its partner company.

3.2.4. Insofar as the client requests changes to the scope of services after conclusion of the contract and this by heycater! has been approved, everyone loses when Heycater places an order! promised deadlines and dates are valid and require separate written confirmation from heycater!. This also applies to cases in which there are delays in the cooperation services to be provided by the client, which are not from heycater! are responsible.

3.3. ServicesIf and to the extent agreed separately with the client, heycater provides! further services to implement the event planned by the client (e.g. arranging the venue with third-party providers, provision of service staff).

3.4. Equipment
3.4.1. The following provisions apply to any items made available, such as crockery, chafing dishes, catering containers, bowls, buffet systems and serving utensils (hereinafter “EQUIPMENT”).

3.4.2. All EQUIPMENT provided to the client is and remains the sole property of heycater! or the contracted partner company. The transfer is only available on loan or, by separate agreement, by rental.

3.4.3. The client undertakes to use the EQUIPMENT exclusively for its intended purpose and to comply with all recommended protective measures and safety measures. The client must always treat the EQUIPMENT gently and with care.

3.4.4. After carrying out the catering service, heycater! or the partner company will pick up the EQUIPMENT at the agreed time. The client makes heycater possible! If the partner company fails to pick up the EQUIPMENT at the agreed time, but no later than 48 hours after the end of the event, or if the return is delayed due to circumstances for which the client is responsible, the client must reimburse any additional costs incurred. The costs of an additional journey are charged at 2€ per kilometer away from the caterer or, if delivered by a third party, by the equipment supplier from the venue. In addition, the time required (including times of arrival and departure) is calculated at a net rate of €30 plus applicable sales tax (currently 19%) for employees, but at least at a net rate of €50 plus applicable sales tax (currently 19%). The contractor is responsible for proving the actual additional costs incurred with regard to the burden of presentation and proof.

3.4.5. If EUIPMENT (partly) is not returned, for example because it broke, the client has

- the current value of the lost EQUIPMENT

- plus a lump sum of 20% of the current value, but at least 10€ net (plus applicable sales tax (currently 19%)) per catering event.


§ 4 Transportation /Transfer of risk

If buffet deliveries are ordered by the client and the products from heycater! or its partner company is not heated, cooled and freshly prepared on food trucks or at mobile counters, the following regulations apply:

1. In the interest of quality and in accordance with the guidelines of the Food Hygiene Ordinance, the downtime of a buffet is limited to a maximum of two hours. After that, heycater's warranty expires!

2nd heycater! assumes no liability for improper storage of the delivery item from the time of delivery by the client.


§ 5 Changes, cancellations and cancellations of individual orders

‍5.1. Any changes, cancellations or cancellations must be made via the PLATFORM for documentation and verification reasons.

5.2. The client is entitled to slightly change the CATERING SERVICE up to 72 hours before the start of the event. In particular, a difference in the agreed number of persons of +/- 10% and a change in the quantity of the individual CATERING SERVICE ordered by +/- 10% is considered a minor change. The price is then simply adjusted to the changed number of participants and/or quantity. Otherwise, requests for changes by the client are generally only possible after consultation with heycater! possible. The following cancellation conditions then apply.

5.3. Reductions in the number of persons and/or quantities, which are not only minor within the meaning of Section 5.2, represent a (partial) cancellation, the heycater! entitled to charge the client a cancellation fee depending on the short term and amount of the order amount. The following cancellation conditions apply:

The “order value” mentioned in the table above means the order value attributable to the cancelled part of the service.5.4. Unless expressly sent by the client when requesting an order and/or placing an order in text form to heycater! Defined, is Heycater! is entitled to replace the caterer at reasonable discretion if it is ensured that the CATERING SERVICE is provided in an equivalent manner. Heycater! In such a case, the client will immediately be informed.


§ 6 Late delivery or provision of catering service/ special circumstances

‍6.1. An insignificant delay does not result in a reduction or other adjustment of the fee for the CATERING SERVICE. The client bears the burden of presentation and proof as to the materiality of the delay. Circumstances that the client cites when assessing the materiality are only to be considered if they are for heycater! are usually to be expected and/or if they were notified by the client when requesting an offer. Subsequent notifications of such circumstances are only relevant if they are provided by heycater! were expressly accepted, with Heycater! reserves the right to then demand an appropriate price adjustment.

6.2. If a delay is significant, this results in a proportionate reduction in the fee to the extent that the client is no longer interested in the service and actually no longer had any interest in the service. However, this does not apply if the significant delay is due to reasons for which the client is responsible. In this case, there is no reduction.

6.3. In cases where the significant delay only occurs at short notice due to force majeure, the pro rata reduction is in half, i.e. the parties share in the damage due to the (pro rata) loss of interest in the CATERING SERVICE.


§ 7 Deficiencies in catering services

‍7.1. Complaints due to obvious defects must heycater! or the CATERER (heycater's contract partner!) immediately (if possible on site) upon receipt of the service in text form and specified, but no later than 24 hours after the end of the event. Otherwise, heycater's service applies! as accepted by the client.

7.2. If there is a justified notification of defects, heycater! entitled to remedy the defect by means of repair or suitable replacement deliveries within a reasonable period of time for the specific catering. The client's claims for reduction only arise if the justified defect could not be remedied by repair or replacement delivery and the defect was not only minor. The client bears the burden of presentation and proof as to the materiality and its degree. The reduction is then proportionate to the severity of the impairment suffered by the client. If a replacement delivery results in a significant delay for the client, the regulations in accordance with Section 6 apply.

7.3. Information from heycater! or the partner company regarding the object of the delivery or service (e.g. weights, dimensions, arrangement of food, etc.) and representations of the same (e.g. drawings and illustrations) are only approximate, unless the usability for the contractually intended purpose requires precise agreement. They are not guaranteed characteristics, but descriptions or markings of the delivery or service. Customary commercial deviations are permitted as long as they do not affect usability for the contractually intended purpose.

7.4. Reasonable deviations in the appearance, size, consistency, taste or composition of prepared food are generally not considered a defect, insofar as they are made by heycater! were not expressly confirmed as guaranteed features when placing the order.

7.5. The client undertakes, insofar as this is possible and reasonable as part of further scheduled implementation of the event, to keep a sample of the defective product and heycater! for the purpose of verifying the defectiveness or freedom.

A warranty from heycater! is excluded insofar as the defect at the place of fulfilment was caused by wear, moisture, severe heating, improper treatment or storage by the client or other circumstances for which the client is responsible or has arisen as a result of circumstances that heycater! brought about at the express request of the client.


§ 8 Force majeure

‍8.1. Force majeure is any event beyond the control of the respective contracting party which prevents it from fulfilling its obligations in whole or in part, including fire damage, floods, strikes and lawful lockouts, as well as operational disruptions or official orders not caused by it. Supply difficulties and other performance problems on the part of heycater! and/or its partner companies are only considered force majeure if heycater! and/or the partner company is in turn prevented from providing the service incumbent on it as a result of an event in accordance with sentence 1.

8.2. The affected Contracting Party will immediately notify the other Contracting Party of the occurrence and cessation of the force majeure and will make every effort to remedy the force majeure and limit its effects as far as possible.

8.3. In cases of force majeure, the contracting party affected by this is exempted from the obligation to perform or accept the catering service for the duration and to the extent of the effect.

8.4. In the event of force majeure, the contracting parties will coordinate how to proceed. Notwithstanding this, each contractual partner is entitled to withdraw from the contract if, at the time of notification of force majeure, it is already foreseeable that it is impossible to provide the agreed catering service.

8.5. The force majeure regulation in section 5.3 takes precedence over the regulations in section 7.


§ 9 Prices/Service fee surcharge/additional services

9.1. The prices apply to the scope of services and deliveries listed in the order confirmations. A service fee for heycater is added to the prices shown in the offer for the scope of services and delivery listed! as shown in paragraph 9.2 and listed before the binding order. Additional or special services are agreed and charged separately.

9.2. heycater charges for the services provided! the following fee rates (as of 01.05.2024):

9.3. In the event of significant delays in the start or progress of Heycater! catering service to be provided that is not from Heycater! are represented, is Heycater! is entitled to separately bill any additional expenses she may incur as a result.

9.4. Additional services of all kinds, which are desired or responsible for by the client and which have not become the subject of the actual order, are provided by heycater! billed according to the list prices valid at that time, provided that there are no list prices, at local prices.

Additional services include, in particular, additional quantities not included in the offer, which do not represent minor deviations within the meaning of Section 5.2, costs for special packaging and additional expenses carried out at the request of the client or caused by incorrect information provided by the client or third parties acting in its area of responsibility, transport delays through no fault of his own, untimely or professional cooperation by the client or other third parties, insofar as these are not compliance Ilfen by heycater! are.


§ 10 Payment terms, advance invoice

‍10.1. Unless payment in advance is required under these terms and conditions, the agreed price is due for payment within 14 calendar days from complete delivery and service (including any acceptance agreed in the offer) and receipt of a proper invoice.

10.2 Invoices must be sent in digital form via the platform or by e-mail to the address stored by the customer in his profile or otherwise specified when ordering. Heycater! is also entitled, but not obliged, to send invoices by post.

10.3. For catering services that exceed a net order value of EUR 5,000 (five thousand euros), heycater reserves! Plan to charge an advance payment. The amount of prepayment depends on the date of the event and is between 50% and 75% of the net order value (at your discretion). If this is not paid, it's heycater! entitled to refuse payment. In this case, the order will be billed as a cancellation in accordance with Section 5.3 of these Terms and Conditions.

10.4. heycater! is entitled to carry out or provide outstanding deliveries or services only against advance payment or provision of security if, after conclusion of the contract, it becomes aware of circumstances which are likely to significantly reduce the creditworthiness of the client and through which payment of outstanding claims heycater! s is endangered by the client from the respective contractual relationship (including from other individual contracts for which the same framework agreement applies).


§ 11 Liability

‍11.1. Heycater! is liable for all culpably caused damage, including that of its representatives or vicarious agents in the event of intent and gross negligence. In case of:

- injury to life, limb or health,
‍
- damage subject to the Product Liability Act,

- damage resulting from the breach of a cardinal obligation (cardinal obligations are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely),

- Violation of quality agreements and fraudulent concealment of defects

Heycater adheres! including for slight negligence and therefore for any fault of its representatives or vicarious agents.

In the event of a breach of cardinal obligations, the amount of liability is limited to the foreseeable damage typical of the contract, unless there is another of the cases of extended liability listed above.

11.2. The provisions of paragraph 11.1 above apply to all claims for damages (in particular for compensation in addition to performance and compensation instead of performance), irrespective of the legal basis, in particular due to defects, the breach of obligations arising from the obligation or from tort. They also apply to the claim for reimbursement of futile expenses.

11.3. The above regulations do not entail a change in the burden of proof to the detriment of the buyer.


§ 12 Right of Withdrawal

‍12.1. Clients who are consumers within the meaning of § 13 BGB have a right of withdrawal.

12.2. Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:

- contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (Section 312g paragraph 2 No. 1 BGB),

- contracts for the delivery of goods which can spoil quickly or whose expiration date would be quickly exceeded (Section 312g Paragraph 2 No. 2 BGB),

- contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (Section 312g paragraph 2 No. 3 BGB),

- contracts for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery (Section 312g (2) No. 4 BGB),

- Contracts for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence (Section 312g Paragraph 2 No. 5 BGB) .The customer is responsible for the part of the order that does not fall under the above exclusions, insofar as the customer is a consumer within the meaning of Section 13 BGB, a right of withdrawal.

§ 13 Final Provisions

‍13.1. Additions and amendments to the agreements reached between heycater! and the client must be in writing in order to be effective.

13.2. The law of the Federal Republic of Germany applies to the exclusion of the UN sales law, unless this would deprive a consumer of the protection granted to him by the mandatory provisions of the state in which he has his habitual residence. In the latter case, the law of the state in which the consumer has his habitual residence applies.

13.3. The place of jurisdiction for disputes with customers who are not a consumer, a legal entity under public law and not a special fund under public law is the registered office of heycater!. For all other clients, this also applies to disputes arising from or in connection with the order if, after conclusion of the contract, the client transfers her place of residence or habitual abode to a country other than the Federal Republic of Germany or if the client's place of residence or habitual abode is unknown in the event of an action being brought.

Status: 01.05.2024

§ 1 Preamble

‍Hey Group GmbH, Gormannstraße 14, 10119 Berlin, registered in the commercial register of the Berlin-Charlottenburg District Court under HRB 168352 B (hereinafter “heykantine! “) offers its customers (hereinafter “customer” and/or “client” and/or “employer”) the provision of food and drinks to employees. Heykantine operates for this purpose! the online platforms www.heycater.com, www.heycater.de as well as www.heykantine.de and www.heycanteen.com (hereinafter referred to as “PLATFORM”), about which customer employees had food and drinks previously between CUSTOMER and heykantine! can order specified delivery locations (hereinafter referred to as “catering service”). These can be subsidized by employers. The catering service (s) can be provided by subcontractors (“CATERERS”) from heycater! be provided.

§ 2 Offer exclusively for entrepreneurs

‍The offer from heykantine! is aimed exclusively at entrepreneurs within the meaning of Section 14 BGB, i.e. at a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

§ 3 Assignment/Form/Registration as an Employer

3.1. Clients hire heykantine! by providing their employees with care, usually using traditional means of remote communication (in particular e-mail). Provided by heykantine! made available on the PLATFORM, the order can also be made through an online process. A mere oral agreement does not represent a binding conclusion of contract.

‍3.2. After conclusion of the contract, the customer is registered as an employer on the PLATFORM, unless he is already registered as a result of using other offers from Hey Group GmbH. Registration is subject to heykantine's choice and guidelines! either by the customer on the PLATFORM or by sending the requested information to heykantine! In from heykantine! predefined formatting, e.g. through an online form query. In particular, the customer's first and last name or company name, the chargeable address, any different billing address, possibly commercial registration number and e-mail address must be provided.

3.3. Access data chosen by or assigned to the customer is confidential. They may not be passed on to third parties. CUSTOMER ensures that the login details are kept carefully and that the passwords are changed at regular intervals.

3.4. In addition, the CUSTOMER must provide information on the number and address of the establishments to be served, the number of employees at these permanent establishments entitled to supply, the e-mail address of these authorized employees and other relevant information. Insofar as the customer decides to subsidize the catering service for his employees, there are also - as part of the von heykantine! specified options — provide information on the amount and any time, space and material restrictions for eligible catering services.

3.5. Special features relating to a delivery location, such as long distances, backyard buildings, stairways, lack of parking spaces for delivery, etc. must be reported by the employer when placing the order, so that Heykantine! or CATERER can adjust to this in terms of time and organization.


§ 4 Customer Obligations/Obligation to use reusable packaging, replacement of lost packaging units

‍4.1. The customer undertakes to provide truthfully all information provided by him on the PLATFORM or in any other form (see, for example, but not exclusively section 3 of these terms and conditions) a.) and b.) to regularly check this for accuracy, timeliness and completeness. This applies in particular, but not exclusively, to the information visibly stored on the platform in the customer area.

4.2. The customer undertakes to accept the catering services ordered by his EMPLOYEES at the agreed admissible delivery location as well as the delivery (as well as the collection of accessories or reusable packaging in accordance with section 4.4) by heykantine! or to allow its subcontractors to join EMPLOYEES.

4.3. The CUSTOMER is obliged to comply with the obligation to provide information to its EMPLOYEES in accordance with Section 8.3.

4.4. That from EMPLOYEES about heykantine! Ordered food is regularly delivered in reusable packaging. Heykantine stands for every lost packaging component (usually 2 per meal (e.g. bowl as base and associated lid as top))! a lump sum compensation claim of €6.00 per bowl and €4.00 per lid. Each contracting party has the right to prove that the actual damage is higher or lower, with the new purchase price to be reimbursed and not just the replacement value. A packaging component is “lost” if it was available upon delivery and not returned to heykantine the next time food was delivered! or the subcontractor is returned.


§ 5 Use of the PLATFORM by employees

‍The CUSTOMER shares heykantine! with which of its employees are eligible, the offer from heykantine! to use by using heycater! provides email addresses that are authorized to log in. heykantine is closing with these employees! then settles independent contracts for ordering CATERING SERVICES and settles this with the individual employees. The cost components that the CUSTOMER has agreed to assume (see § 11) remain unaffected by this.


§ 6 Services provided by heykantine!

‍6.1. In the external relationship between heykantine! And the customer is only heykantine! Service provider and contact person.

6.2. Hey canteen! However, is entitled to subcontract the catering service to subcontractors (“CATERERS”). Heykantine! has concluded contracts with a large number of CATERERS and uses them - internally - to carry out the CATERING SERVICE.

6.3. Hey canteen! Inherits the entire administration from ordering to delivery to billing with the ordering employees.

6.4. Heykantine is also responsible! the statement to the CUSTOMER for the cost components to be borne by him (see § 11 of these conditions), including the subsidies granted by the CUSTOMER as a catering price reduction to employees. From the services provided by heykantine! The settlement of such costs assumed in full or in part is not included in payroll and other accounting. The CUSTOMER himself is solely responsible for this. Heycater! provides the CUSTOMER with a report for this purpose, which shows a.) on which day, b.) how many orders were made by EMPLOYEES and c.) how they are distributed among the individual dishes. For data protection reasons, the CUSTOMER is not assigned to individual EMPLOYEES. In addition, the CUSTOMER can see from reporting d.) how much employer subsidy he has paid in total per billing period.


§ 7 Illustration of catering offers/ Food law regulations

‍7.1. Information from heykantine! or the subcontractor of the object of the delivery or service (e.g. weights, dimensions, arrangement of food, etc.) and representations of the same (e.g. drawings and illustrations) are only approximate, unless the usability for the contractually intended purpose requires precise agreement. They are not guaranteed characteristics, but descriptions or markings of the delivery or service. Customary commercial deviations are permitted as long as they do not affect usability for the contractually intended purpose.

7.2. Reasonable deviations in the appearance, size, consistency, taste or composition of prepared food are generally not considered a defect, insofar as these are caused by heykantine! were not expressly confirmed as guaranteed features when placing the order.

7.3. Heykantine! undertakes to persons ordering catering (CUSTOMER EMPLOYEES) to duly comply with the legal obligations for food labelling, in particular the LMIDV (regulation implementing EU legislation relating to informing consumers about food), such as information on additives and allergens, and to provide all necessary information properly, completely and truthfully.


§ 8 Database/Recruitment of Authorized Employees/Data Protection/Liability

‍8.1. The CUSTOMER becomes heykantine! Only share personal data from authorised employees who have expressed an express interest in the catering service.

8.2. The CUSTOMER is obliged to provide employees with their e-mail address to heykantine! (see section 8.1 of these terms and conditions).

8.3. The customer is responsible for ensuring that employees' personal data is properly collected, processed and transferred by him and that any necessary declarations of consent are available and that these have not been withdrawn or otherwise omitted. In the event of cancellation or other cancellation, the customer immediately becomes heykantine! inform. In the internal relationship between customer and heykantine! The customer is exclusively responsible for this. Should Heykantine! are used in this regard by (former) EMPLOYEES of the CUSTOMER, customer heykantine! completely free from all claims (in particular compensation, fines due to data protection infringement, reasonable costs of legal prosecution and legal defense).


§ 9 Minimum period/ automatic extension/ notice periods

‍9.1. The minimum contract period for supplying a permanent establishment registered by the client for supply is 3 months. If the start of the catering service agreed between the parties is not at the beginning of a month, the minimum term is extended by this short month, i.e. it is then 3 months plus the remaining calendar days of the short month.

9.2. At the end of the respective contract period, the contract period is extended by 1 further month, unless one of the parties terminates the contract with a notice period of 1 month to the end of the month.


§ 10 PLATFORM, CUSTOMER SETTINGS

‍10.1. The heykantine PLATFORM! is subject to regular development. This means that new settings can be added and existing ones will no longer be offered.

10.2. Until further notice, the CUSTOMER can make the following settings/requirements for employee care: a) Determine and change the establishments to be supplied,

b) determine a central transfer location for the respective establishment,

c) identify and change employees or groups of employees authorized to appoint,

d) determine and change the amount of employer subsidy,

e) a standard rhythm for permitted delivery days (e.g. if only individual days of the week),

f) make further individual specifications on delivery days,

aa.) additional one-time delivery days can only be added with a lead period of 5 working days.

bb.) A one-time cancellation of delivery days is only possible with a lead period of 5 working days, and only if no orders have yet been placed.

g) Determine and change permitted delivery times.

Since employees can place orders in advance for a period of time (usually 2 weeks), changes in accordance with letters a), b), c), d), e) and g) only come into force after the current pre-order period has expired.

10.3. hey canteen! The right is reserved not to accept the CUSTOMER's requirements or their amendment in accordance with Section 10.2) or only at a later date. In this case Heykantine! inform the CUSTOMER immediately (at the latest by the end of the next legal working day).

10.4. The PLATFORM also provides the CUSTOMER with information such as reporting.


§ 11 Costs (basic fee/other fees and costs/minimum turnover)

11.1. Hey canteen! receives for its service:

- a monthly basic fee. Unless otherwise agreed, this amounts to 199€ per month.
‍
- one Service fee. Unless otherwise agreed, this amounts to 5.5% of the total gross delivery value of the CATERING SERVICE delivered to employees (i.e. including the employer subsidy and delivery costs paid by the CUSTOMER).

11.2. Furthermore:
‍
- Does the customer take over Delivery costsfor every meal delivery. Unless otherwise agreed in individual contracts, these amount to 20.00 EURO per delivery and point of delivery.
‍
- does the customer refund the Daily reduced turnoverif the agreed minimum order values, considered individually for each registered establishment, are not achieved. A previous message/warning from heykantine! It doesn't need it. Unless otherwise agreed in an individual contract, the minimum daily turnover is 200€ - this only applies to the delivery days specified by the CUSTOMER.
‍
- Does the CUSTOMER pay the amount determined by him and granted to his employees employer subsidyWhat Heykantine! deducted from pricing for employees.

11.3. In addition: - the CUSTOMER is obliged to pay lump sum compensation in accordance with Section 4.4 of this Agreement for lost reusable packaging components.


§ 12 Delivery date and place of delivery

‍12.1. The employer designates a central transfer point for the CATERER at the respective delivery location.

12.2. If a delivery date is agreed, delivery within a time window of 30 minutes before and up to 15 minutes after this time is in any case considered to be in accordance with the contract. If delivery is made outside the previously specified time range, the delivery is also considered to be in accordance with the contract, unless the CUSTOMER proves that the delay is “significant”. The CUSTOMER bears the burden of presentation and proof as to the materiality of the delay. Circumstances that the CUSTOMER cites when assessing the materiality are only to be considered if they are for Heykantine! are usually expected and/or if they were provided by the CUSTOMER in writing when the contract was concluded. Subsequent notifications of such circumstances are only relevant if they are from heykantine! were expressly accepted, with Heykantine! reserves the right to then demand an appropriate price adjustment.

12.3. If a delay is significant, this results in a proportionate reduction in remuneration in the proportion that the CUSTOMER or his EMPLOYEES could no longer be interested in the service and actually no longer had any interest in the service. However, this does not apply if the significant delay is due to reasons for which the CUSTOMER is responsible. In this case, there is no reduction.

12.4. In cases where the significant delay only occurs at short notice due to force majeure, the pro rata reduction is in half, i.e. the parties share in the damage due to the (pro rata) loss of interest in the catering service.


§ 13 Force majeure

‍13.1. Force majeure is any event beyond the control of the respective contracting party which prevents it from fulfilling its obligations in whole or in part, including fire damage, floods, strikes and lawful lockouts, as well as operational disruptions or official orders not caused by it. Supply difficulties and other performance problems on the part of heykantine! and/or its partner companies are only considered force majeure if heykantine! and/or the partner company is in turn prevented from providing the service incumbent on it as a result of an event in accordance with sentence 1.

13.2. The affected Contracting Party will immediately notify the other Contracting Party of the occurrence and cessation of the force majeure and will make every effort to remedy the force majeure and limit its effects as far as possible.

13.3. In cases of force majeure, the contracting party affected by this is exempted from the obligation to perform or accept the catering service for the duration and to the extent of the effect.

13.4. In the event of force majeure, the contracting parties will coordinate how to proceed. Notwithstanding this, each contractual partner is entitled to withdraw from the contract if, at the time of notification of force majeure, it is already foreseeable that it is impossible to provide the agreed catering service.

13.5. The force majeure regulation in Section 12.3. takes precedence over the regulations in this Section 13.


§ 14 Transfer of risk/deficiencies in catering services

‍14.1. Hey canteen! assumes no liability for improper storage of the delivery item from the time of delivery at the point of delivery.

14.2. Complaints due to obvious defects must heykantine! Complaints are filed immediately after identification in text form, including an image and specified, but no later than 24 hours after receipt of the goods. Otherwise, the service provided by heykantine applies! as accepted by the customer.

14.3. A warranty from heykantine! is excluded insofar as the defect at the place of fulfilment was caused by wear, moisture, severe heating, improper treatment or storage by the CUSTOMER and/or his EMPLOYEES or other circumstances for which they are responsible or has arisen as a result of circumstances, the heykantine! at the express request of the latter.


§ 15 Customer's obligation to refrain from making direct contact with the SUBCONTRACTOR/CATERER

‍The customer is entitled to any direct or indirect contact or communication with a CATERER as a subcontractor regarding the continuous supply of catering services to the customer or his employees outside of heycater! contact options provided (in particular via the PLATFORM) are prohibited.


§ 16 Payment terms, advance invoice

‍16.1. Hey canteen! is entitled to invoice on a monthly basis.

16.2. Invoices are due for payment within 14 calendar days of receipt of a proper invoice.

16.3. Invoices are sent in digital form - at heykantine's discretion! - posted to the platform message area or sent by email to the email address provided by the customer in his profile. Heykantine! is also entitled, but not obliged, to send invoices by post.

16.4. hey canteen! Is entitled to carry out or provide outstanding deliveries or services only against advance payment or provision of security if, after conclusion of the contract, it becomes aware of circumstances which are likely to significantly reduce the customer's creditworthiness and through which payment of outstanding claims heykantine! s is endangered by the CUSTOMER.


‍§ 17 Liability

‍17.1. Hey canteen! is liable for all culpably caused damage, including that of its representatives or vicarious agents in the event of intent and gross negligence. h) In case of injury to life, limb or health,
i) Damages subject to the Product Liability Act,
j) Damages resulting from the breach of a cardinal obligation (cardinal obligations are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely),
k) Violation of quality agreements and fraudulent concealment of defects
Heykantine sticks! including for slight negligence and therefore for any fault of its representatives or vicarious agents. In the event of a breach of cardinal obligations, the amount of liability is limited to the foreseeable damage typical of the contract, unless there is another of the cases of extended liability listed above.

17.2. The provisions of paragraph 17.1 above apply to all claims for damages (in particular for compensation in addition to performance and compensation instead of performance), irrespective of the legal basis, in particular due to defects, the breach of obligations arising from the obligation or from tort. They also apply to the claim for reimbursement of futile expenses.

17.3. The above regulations do not entail a change in the burden of proof to the detriment of the buyer.


§ 18 Final Provisions

‍18.1. Additions and amendments to the agreements reached between heykantine! and the client must be in writing in order to be effective.

18.2. The law of the Federal Republic of Germany applies to the exclusion of the UN sales law, unless this would deprive a consumer of the protection granted to him by the mandatory provisions of the state in which he has his habitual residence. In the latter case, the law of the state in which the consumer has his habitual residence applies.

18.3. The place of jurisdiction for disputes with customers who are not a consumer, a legal entity under public law and not a special fund under public law is the registered office of heykantine!. For all other clients, this also applies to disputes arising from or in connection with the order if, after conclusion of the contract, the client transfers her place of residence or habitual abode to a country other than the Federal Republic of Germany or if the client's place of residence or habitual abode is unknown in the event of an action being brought.

§ 1 Preamble

Hey Group GmbH, Gormannstraße 14, 10119 Berlin, registered in the commercial register of the Berlin-Charlottenburg District Court under HRB 168352 B (hereinafter “heykantine! “) offers its customers (hereinafter “customer” and/or “client” and/or “employer”) the provision of food and drinks to employees.

Heykantine operates for this purpose! the online platforms www.heycater.com and www.heycater.de as well as www.heykantine.de (and www.heycanteen.com) (hereinafter referred to as “PLATFORM”), via which the customer employees (hereinafter “the EMPLOYEE” and/or “USER”) food and drinks previously between CUSTOMER and heykantine! can order specified delivery locations (hereinafter referred to as “catering service”).

These can be subsidized by employers. The catering service (s) can be provided by subcontractors (“CATERERS”) from heykantine! be provided.


§ 2 Requirements

‍2.1. This offer from heykantine! is aimed exclusively at EMPLOYEES (and therefore consumers within the meaning of § 13 BGB) of customers of heykantine!. The prerequisite is therefore that CUSTOMER and heykantine! have previously concluded a contract for the care of EMPLOYEES.

2.2. The offer is also limited to employees who the EMPLOYER has previously authorized to do so and this heykantine! has shared. This is done, for example, by the EMPLOYER, after obtaining the EMPLOYEE's consent, by sending the EMPLOYEE's e-mail address to heykantine! passes on. The right is reserved to complete other ways of securing such authorization in the future (e.g. through activation codes, etc.).

2.3. In addition, the EMPLOYER can set various parameters for the care of his employees (e.g. ordering only on certain days, only at certain times, etc., as well as granting or not granting meal subsidies).


§ 3 Registration of EMPLOYEES/Conclusion of Contract/Orders

‍3.1. Access to the platform and offers from heykantine! requires the registration of an EMPLOYEE.

3.2. Only natural persons of legal age who meet the requirements of § 2 can register. 3.3. By signing up, the USER accepts these general terms and conditions. Registration creates a contractual relationship between heykantine! and the registered user, which is governed by the provisions of these general terms and conditions.

3.4. Access data chosen by or assigned to the USER is confidential. They may not be passed on to third parties. USER ensures that the login details are kept carefully and that the passwords are changed at regular intervals.

3.5. By ordering a paid CATERING SERVICE, the registered user enters into another contractual relationship with heykantine, separate from registration! one. Before concluding this contractual relationship, the user will be informed of the respective paid service and the terms of payment. The contractual relationship is established upon confirmation of the order and the payment obligation by the USER by clicking on the “Order subject to payment” button.


§ 4 Place of delivery and delivery time

‍4.1. The place of delivery can only be places between the USER's EMPLOYER and heykantine! were voted on and decided beforehand. Other delivery locations are not possible. USER will prepare for this in terms of time and organization.

4.2. If a delivery date is agreed, delivery within a time window of 30 minutes before and up to 15 minutes after this time is in any case considered to be in accordance with the contract. If delivery is made outside the time range specified above, the delivery is also considered to be in accordance with the contract, unless the USER proves that the delay is “significant”. The USER bears the burden of presentation and proof as to the materiality of the delay. Circumstances that the USER cites when assessing the materiality are only to be considered if they are for Heykantine! are usually expected and/or if they were provided by the USER in text form when the contract was concluded. Subsequent notifications of such circumstances are only relevant if they are from heykantine! were expressly accepted, with Heykantine! reserves the right to then demand an appropriate price adjustment.

4.3. If a delay is significant, this results in a proportionate reduction in remuneration in the proportion to how USER could no longer be interested in the service and actually no longer had any interest in the service. However, this does not apply if the significant delay is due to reasons for which the USER or his EMPLOYER is responsible. In this case, there is no reduction.

4.4. In cases where the significant delay only occurs at short notice due to force majeure, the pro rata reduction is in half, i.e. the parties share in the damage due to the (pro rata) loss of interest in the catering service.


§ 5 Obligations of the USER/ Obligation to use reusable packaging, replacement of lost packaging units

‍5.1. The USER undertakes to provide all information provided by him on the PLATFORM or in any other form a) truthfully and b.) to check it regularly for accuracy, timeliness and completeness. This applies in particular, but not exclusively, to the information visibly stored on the platform in the customer area.

5.2. That from USERS about heykantine! Ordered food is regularly delivered in reusable packaging. Heykantine stands for every lost packaging component (usually 2 per dish (e.g. bowl as base and associated lid as top)! a lump sum compensation claim of €6.00 per bowl and €4.00 per lid. Each contracting party has the right to prove that the actual damage is higher or lower, with the new purchase price to be reimbursed and not just the replacement value. A packaging component is “lost” if it was available upon delivery and not returned to heykantine the next time food was delivered! or the subcontractor is returned. Based on a separate agreement, the EMPLOYER is also liable for “lost” packaging parts. Heykantine! It is free which of the two contractual partners uses it. EMPLOYEES and EMPLOYERS make any compensation exclusively internally.


§ 6 Services provided by heykantine!

‍6.1. In the external relationship between heykantine! and USER is only heykantine! Service provider and contact person.

6.2. Hey canteen! However, is entitled to subcontract the catering service to subcontractors (“CATERERS”). Heykantine! has concluded contracts with a large number of CATERERS and uses them - internally - to carry out the CATERING SERVICE.

6.3. Hey canteen! Inherits the entire administration from ordering to delivery to billing with USERS and with regard to certain cost components (e.g. delivery costs and employer subsidies) with EMPLOYERS.

6.4. Hey canteen! provides the USER with its PLATFORM for catering orders. Catering services can be selected and ordered on this website as part of employer restrictions.

6.5. Hey canteen! makes its PLATFORM available in such a way that pre-orders can be made a certain period of time in advance. Within certain time limits, the USER can cancel or change their pre-orders free of charge (see also § 9 of these terms and conditions).


§ 7. Illustrative presentation of catering offers/ Food law regulations

‍7.1. Information from heykantine! or the subcontractor of the object of the delivery or service (e.g. weights, dimensions, arrangement of food, etc.) and representations of the same (e.g. drawings and illustrations) are only approximate, unless the usability for the contractually intended purpose requires precise agreement. They are not guaranteed characteristics, but descriptions or markings of the delivery or service. Customary commercial deviations are permitted as long as they do not affect usability for the contractually intended purpose.

7.2. Reasonable deviations in the appearance, size, consistency, taste or composition of prepared food are generally not considered a defect, insofar as these are caused by heykantine! were not expressly confirmed as guaranteed features when placing the order.

7.3. Heykantine! undertakes to properly comply with legal obligations relating to food labelling, in particular the LMIDV (Regulation implementing Union legislation on informing consumers about food), such as the indication of additives and allergens, and to provide all necessary information properly, completely and truthfully.


§ 8 Transfer of data to EMPLOYERS

‍8.1. Hey canteen! The USER can and will forward personal data to their employers as appears necessary and/or appropriate to a.) ensure use only by an authorized group of users and b.) correctly invoice a promised employer subsidy for catering costs.


§ 9 Cancellation and changes of placed orders

9.1. Cancellations and changes made by the USER to catering orders made by him are permitted up to 24 hours before the agreed delivery time and are free of charge, although the 24 hours relate only to legal working days (Monday-Saturday) and excluding public holidays. (Example: If a catering service is ordered for May 2 at 12:00, a cancellation and/or change is only possible - due to the public holiday on May 1 - until 12:00 on April 30).


§ 10 PLATFORM, USER SETTINGS

‍10.1. The heykantine PLATFORM! is subject to regular development. This means that new settings can be added and existing ones will no longer be offered.

10.2. Until further notice, the USER can order a catering service to approved delivery locations a few days in advance on the PLATFORM. Delivery takes place at the place of delivery to a central location agreed with the EMPLOYER and not directly to the individual EMPLOYEES.

10.3. The USER can also - within the framework of § 9 of these terms and conditions - cancel and/or change his orders.


§ 11 Costs/terms of payment

‍11.1. Hey canteen! receives the price shown in the offer for the ordered catering service from the USER. Hey canteen! In addition, receives certain price components from the EMPLOYER that are not shown to the USER.

11.2. In addition, USERS can be claimed for lost reusable packaging components (see § 5 of these terms and conditions).

11.3. Orders must be paid immediately at the end of the ordering process. Heykantine offers you this! various payment methods to. heykantine! reserves the right not to offer all payment methods at any time and for every USER. heykantine! may charge a reasonable surcharge for individual payment methods.

11.4. If the USER is entitled to a refund as a result of a cancellation or order change, the amount will be credited to his user account. The USER can use it to (partially) pay for future orders. Alternatively, he can have the credit paid out upon request. Payment to the USER will usually be made using the last payment method used.


§ 12 Force majeure

‍12.1. Force majeure is any event beyond the control of the respective contracting party which prevents it from fulfilling its obligations in whole or in part, including fire damage, floods, strikes and lawful lockouts, as well as operational disruptions or official orders not caused by it. Supply difficulties and other performance problems on the part of heykantine! and/or its partner companies are only considered force majeure if heykantine! and/or the partner company is in turn prevented from providing the service incumbent on it as a result of an event in accordance with sentence 1.

12.2. The affected Contracting Party will immediately notify the other Contracting Party of the occurrence and cessation of the force majeure and will make every effort to remedy the force majeure and limit its effects as far as possible.

12.3. In cases of force majeure, the contracting party affected by this is exempted from the obligation to perform or accept the catering service for the duration and to the extent of the effect.

12.4. In the event of force majeure, the contracting parties will coordinate how to proceed. Notwithstanding this, each contractual partner is entitled to withdraw from the contract if, at the time of notification of force majeure, it is already foreseeable that it is impossible to provide the agreed catering service.

12.5. The force majeure regulation in Section 4 takes precedence over the regulations in this Section 12.


§ 13 Transfer of risk/deficiencies in catering services

‍13.1. Hey canteen! assumes no liability for improper storage of the delivery item from the time of delivery at the point of delivery.

13.2. Complaints due to obvious defects must heykantine! Complaints are filed immediately after identification in text form, including an image and specified, but no later than 24 hours after receipt of the goods. Otherwise, the service provided by heykantine applies! as accepted by the customer.

13.3. A warranty from heykantine! is excluded insofar as the defect at the place of fulfilment was caused by wear, moisture, severe heating, improper treatment or storage by USERS and/or their employer or other circumstances for which they are responsible or has arisen as a result of circumstances, the heykantine! at the express request of the latter.


§ 14 Duty of the USER to refrain from making direct contact with the SUBCONTRACTOR/CATERER

‍The USER is entitled to any direct or indirect contact or communication with a CATERER as a subcontractor on the subject of continuous supply of catering services to the USER for the purpose of employee care outside of heycater! contact options provided (in particular via the PLATFORM) are prohibited.


§ 15 Liability

‍15.1. Hey canteen! is liable for all culpably caused damage, including that of its representatives or vicarious agents in the event of intent and gross negligence. With

- injury to life, limb or health
- Damages subject to the Product Liability Act
- Damages resulting from the breach of a cardinal obligation (cardinal obligations are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely)
- Violation of quality agreements and fraudulent concealment of defects

Heykantine sticks! including for slight negligence and therefore for any fault of its representatives or vicarious agents.

In the event of a breach of cardinal obligations, the amount of liability is limited to the foreseeable damage typical of the contract, unless there is another of the cases of extended liability listed above.

15.2. The provisions of paragraph 17.1 above apply to all claims for damages (in particular for compensation in addition to performance and compensation instead of performance), irrespective of the legal basis, in particular due to defects, the breach of obligations arising from the obligation or from tort. They also apply to the claim for reimbursement of futile expenses.

15.3. The above regulations do not entail a change in the burden of proof to the detriment of the buyer.


§ 16 Final Provisions

‍16.1. Additions and amendments to the agreements reached between heykantine! and USERS must be in writing in order to be effective.

16.2. The law of the Federal Republic of Germany applies to the exclusion of the UN sales law, unless this would deprive a consumer of the protection granted to him by the mandatory provisions of the state in which he has his habitual residence. In the latter case, the law of the state in which the consumer has his habitual residence applies.

16.3. The place of jurisdiction for disputes with USERS who are not a consumer, a legal entity under public law and not a special fund under public law is the registered office of heykantine!. For all other USERS, this also applies to disputes arising from or in connection with the order if, after conclusion of the contract, a USER transfers the place of residence or habitual residence to a country other than the Federal Republic of Germany or the place of residence or habitual residence of the USER is unknown in the event of an action being brought.