GENERAL TERMS AND CONDITIONS FOR ONLINE ORDERS

These General Terms and Conditions apply to online orders placed with

• “WYPAS”
• Name of the company: WYPAS
• Registered office/address of the company: Jackowskiego 38/1, Poznań 60-512
• Phone number: +48796144115
• E-mail address: kontakt@wypas.co
• (Hereinafter referred to as “Restaurant”).

These Terms and Conditions apply to the contract between the Restaurant and you as a Customer (hereinafter “You” or the “Customer”) for online ordering from the Restaurant.
Please read these terms and conditions carefully. If you do not wish to be bound by these General Terms and Conditions, you may not use the online ordering service. If you use the online ordering system, you thereby expressly agree with these General Terms and Conditions and accept them.

1. Scope

The Restaurant provides the delivery of food and other goods and services (“Products”) on the basis of the following contractual terms and conditions (hereinafter “T&Cs”). These T&Cs apply to (i) orders placed on the Restaurant Website and (ii) orders placed via “Ordering with Google” and arranged for the Restaurant by “orderdirect” (Digital Solutions GmbH, Metro-Straße 1, 40235 Düsseldorf, Germany) (hereinafter collectively “Online Order”).

2. Conclusion of contract; order processing
1. By placing the Online Order at the end of the ordering process on the Website or on “Order with Google”, the Customer offers to enter into a contract with the Restaurant concerned. If the Restaurant subsequently confirms the Online Order electronically, at the latest, however, when the ordered goods are delivered or handed over to the Customer, the contract is concluded.
2. If the Online Order includes a delivery of products, the Restaurant may charge the Customer delivery costs for the delivery of the Online Order. The Customer will be informed of any delivery costs incurred during the ordering process before placing the Online Order.
3. The Customer must ensure that all data provided by him and relevant to the performance of the Online Order, in particular contact details and details of the Online Order (date, time, items and services as such, quantity) are correct and complete. The Customer will report any inaccuracy in this data, including any payment data provided, to the Restaurant without delay. The Restaurant must be able to reach the Customer by telephone or email to receive information about the status of or enquiries about the Online Order and delivery.
4. If the Online Order includes a delivery of products under a delivery service, the Customer must be at the specified delivery address to receive the products. If the order includes a pickup, then the Customer must arrive at the relevant Restaurant location at the specified time.
5. If the Online Order includes goods for which a certain age is required, age identification may be requested from the Customer. The Customer will be informed of this before placing the Online Order. In this case, the Customer is obliged to provide appropriate proof of his age, for example by showing an identity card. If the Customer cannot provide adequate identification or does not meet the required minimum age, the Restaurant may refuse to hand over or deliver the goods in question. The Restaurant may charge the Customer reasonable cancellation costs in the amount of the damage incurred - up to a maximum of the purchase price (with delivery costs, if agreed; excluding VAT).
3. Allergens and additives

The Restaurant may use ingredients and additives for meals and drinks that may cause allergies, allergic reactions and intolerances. If the Customer is aware of any allergies/intolerances, he should contact the Restaurant directly by telephone in case of doubt and ask for more information or for a list of allergens and additives.

4. Cancellation of the order by the Restaurant
1. An Online Order that has already been placed cannot be changed, cancelled or complained about directly via the Restaurant website. If the Customer wishes to change, cancel or complain about his Online Order on the basis of a legal right or with the consent of the Restaurant, he can contact the Restaurant in particular by telephone, e-mail or in person. Any right of cancellation related to distance sales shall be governed by clause 5.
2. The Restaurant is entitled to cancel an Online Order in justified cases. Justified cases are: (i) offer is no longer available, (ii) the telephone number or other contact details provided by the Customer are incorrect or do not work, (iii) there is reasonable doubt as to the accuracy or authenticity of the Online Order or contact details, or (iv) force majeure.
3. In the event of cancellation under clause 5.1 or 5.3, payments made will be refunded by the same method of payment by which they were originally made, or pro rata in the event of partial cancellation. This applies equally in the event of an agreed change and justified complaint.
4. If you culpably breach your obligations under these T&Cs, the Restaurant reserves the right to reject any future Online Orders from you.
5. Right of withdrawal
1. The Customer does not have a statutory right of cancellation for an Online Order for the delivery of food, beverages or other household items for daily use that are delivered at the Customer's place of residence, place of stay or place of work by the Restaurant in the course of frequent and regular trips (§ 312 para. 8 no. 8 German Civil Code - BGB).
2. Furthermore, the Customer is not entitled to a statutory right of withdrawal for an Online Order placed with the Restaurant even if and insofar as contracts for the delivery of goods are concerned,
1. which 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 (§ 312 g para. 2 no. 1 BGB);
2. which can spoil quickly or whose expiry date would be quickly exceeded (§ 312 g para. 2 no.2 BGB);
3. which, insofar as they are sealed goods, are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (§312 g para. 2 no. 3 BGB);
4. if these have been inseparably mixed with other goods after delivery due to their nature (§ 312 g para. 2 no. 4 BGB).
3. For the part of the Online Order that does not fall under the exclusions mentioned in clause 5.1 and 5.2, the Customer shall be entitled to a right of cancellation if he is a consumer. A “Consumer” is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. In this case, the following cancellation policy applies to the right of cancellation:

Withdrawal policy

You have the right to withdraw from this contract within fourteen days without giving any reason.

The right of withdrawal is fourteen days from the day on which you or a third party named by you who is not the carrier has or has taken possession of the last goods.

In order to exercise your right of withdrawal, you must notify us, (WYPAS, Jackowskiego 38/1, Poznań 60-512, telephone number: +48796144115, e-mail address: kontakt@wypas.co) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached withdrawal sample form for this purpose, which is, however, not mandatory.

In order to comply with the withdrawal notice period, it is sufficient if you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal of contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You only have to pay for a possible loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the examination of the condition, properties and functioning of the goods.

Withdrawal sample form

(If you wish to cancel the contract, please complete and return this form)



• To WYPAS, Jackowskiego 38/1, Poznań 60-512, e-mail address: kontakt@wypas.co)
• I/We (*) hereby withdraw from the contract concluded by me/and (*) for the purchase of the following goods (*)/the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only in the case of notification on paper)
• Date

(*) Delete as applicable.

6. Payment
1. After the conclusion of a contract between the Customer and the Restaurant in accordance with these T&Cs, the Customer is obliged to pay the stated purchase price (plus stated delivery costs) for the Online Order to the Restaurant. The Customer may fulfil its obligation by using an available online payment method, by making payment through another payment service provider integrated by the Restaurant or by paying the Restaurant at the place of agreed delivery or at the agreed pickup location.
2. Subject to the provisions of these General Terms and Conditions, a (partial) refund of an online payment will be made if the Online Order cannot be delivered or cannot be delivered in full. The refund shall be made to the same means of payment used by the Customer for the original payment, unless another form of refund, in particular by way of cash payment, has been agreed with the Customer.
7. Warranty and liability
1. the Restaurant's liability for all damages of the Customer, regardless of the legal reason, is excluded, unless otherwise stated in the following clauses 7.2-7.5.
2. The Restaurant shall be liable within the scope of the statutory provisions for:
1. Damage resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the Restaurant or one of its legal representatives or vicarious agents;
2. Damage resulting from an intentional or grossly negligent breach of duty by the Restaurant or one of its legal representatives or vicarious agents; and
3. other damage resulting from a (simple) negligent breach of obligations the fulfilment of which is a prerequisite for the proper performance of the contract with the Client and the observance of which the Client may regularly rely on, whereby, except in the cases of letters 7.2.1 and 7.2.2, the Restaurant's liability shall be limited to typical and foreseeable damages.
3. The Restaurant's liability under the Product Liability Act remains unaffected. The same applies to any liability on the part of the Restaurant under other statutory provisions which expressly establish that liability cannot be excluded or limited in advance.
4. If the Restaurant has given a guarantee as to quality or otherwise assumed strict liability, the liability arising therefrom shall be governed exclusively by the terms and conditions of the respective guarantee or assumption and this clause 7 shall not apply.
5. The limitations of liability under this clause 7 shall apply mutatis mutandis to the liability of the Restaurant's bodies, vicarious agents, employees and other staff, as well as to the Restaurant's partner companies and their bodies, vicarious agents, employees and other staff.
8. Data protection
1. The Restaurant collects, processes and uses the customer's personal data for the purposes of initiating and fulfilling the concluded contract.
2. Details on data protection can be found in the Restaurant's privacy policy.
9. Dispute resolution
1. The restaurant is required by law to inform consumers of the existence of the European online dispute resolution platform, which can be used for the out-of-court settlement of disputes. The online dispute resolution platform has been set up by the European Commission and you can find it here: http://ec.europa.eu/odr. Furthermore, we are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board pursuant to the Consumer Dispute Resolution Act.
10. Miscellaneous
1. The Restaurant reserves the right to amend these T&Cs with effect for future Online Orders. The T&Cs accepted by the Customer when placing the Online Order shall apply.
2. These T&Cs and all claims and rights arising out of or in connection with the T&Cs shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
3. If the Client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract, its execution or its performance shall be Düsseldorf. If the Client is domiciled abroad, DISH may, however, also bring an action there. Otherwise, the statutory place of jurisdiction shall apply.

Version: January 2022/HTZ
Dish Order_B2C_T&C_V4_Jan 2022_en