General Terms and Conditions

The provider of the Velobites platform is:

Velobites
Sole proprietorship (Einzelunternehmen)
Krümmeweg 46
38518 Gifhorn
Germany

Email: [email protected]

Authorised representative: Justin Milaszewski (proprietor)

Commercial register: Not registered (sole proprietorship).
VAT ID: DE457116420

(1) These General Terms and Conditions ("GTC") apply to use of the platform by consumers within the meaning of Section 13 of the German Civil Code (BGB).

(2) Users may view offers from restaurant partners on the platform and place orders.

(3) The user's deviating terms apply only if Velobites expressly agrees in writing.

(1) Velobites provides a technical intermediary platform.

(2) Contracts for food, beverages and other goods or services are concluded exclusively between the user and the respective restaurant partner.

(3) Velobites is neither seller nor manufacturer of products offered by restaurant partners and is not a contracting party for food, beverages, delivery, pickup, quality or contractual performance.

(4) Restaurant partners are responsible for food, beverages, prices, ingredients, allergens, product images, product descriptions, delivery, pickup, cancellation and refunds under the service contract.

(5) Velobites is responsible for providing the platform, user accounts, technical payment processing, technical order forwarding, security, platform availability, ranking and technical platform communication.

(6) Velobites receives a commission from the restaurant partner for intermediated orders.

(1) Certain features may require a permanent user account.

(2) Users must provide accurate and complete information when registering and keep it up to date.

(3) Login credentials must be kept confidential and must not be disclosed to third parties.

(4) Velobites may suspend or delete accounts in case of abuse or material breach of these GTC.

(5) Orders may be possible without a permanent account (e.g. using a technically bound guest session). Purpose limitation, retention and your rights are described in the privacy policy. Velobites may end or restrict guest sessions for technical or security reasons; upgrading to a permanent account may be offered.

(1) Displaying offers, menus, prices and product information on the platform does not constitute a binding offer by the restaurant partner or Velobites.

(2) By completing the order process, the user submits a binding offer to the restaurant partner to conclude a purchase or service contract.

(3) The contract is formed only when the restaurant partner accepts the order (e.g. by order confirmation or by starting performance), unless the order process states otherwise.

(1) Displayed prices are final prices of the respective restaurant partner, including applicable taxes.

(2) Delivery, service or other fees are shown transparently in the order process where they apply.

(3) Payment may be made directly to the restaurant partner or via integrated payment service providers, in particular Stripe.

(4) Where payment is made through the platform, Velobites supports only the technical payment processing.

(5) The payment claim from the order generally belongs to the respective restaurant partner.

(6) Payment processing does not make Velobites a seller, restaurant, manufacturer or contracting party for the ordered food, beverages or services.

(7) Available payment methods may vary depending on restaurant, region or technical configuration.

(8) Refunds are governed by applicable law, the restaurant partner's terms and the payment service provider's terms.

(9) Refunds under the contract for food, beverages or services are generally the responsibility of the respective restaurant partner.

(10) Where an online payment was made through the platform, Velobites may support or forward the technical processing of a refund where this is technically possible and initiated or confirmed by the restaurant partner.

(11) The actual credit may take several business days depending on the payment service provider and bank.

(1) Delivery or pickup is performed by the restaurant partner or its agents.

(2) Stated delivery or pickup times are non-binding unless expressly marked as binding.

(3) Velobites does not warrant availability of specific dishes or offers on the platform at all times.

(4) The restaurant partner is solely responsible for quality, ingredients, allergen information, quantities and contractual performance.

(5) Users must provide accurate and complete contact and delivery/pickup information at checkout and remain reachable where necessary for performance.

(6) For pickup, be present at the agreed time and location; for delivery, be available under the checkout rules or as agreed with the restaurant. Details when nobody is present follow the checkout flow and the restaurant's stated process.

(1) Subject to statutory rights: whether you may cancel an order follows from the restaurant partner's offer and mandatory law. Perishable goods are covered under Section 9 of these GTC.

(2) You generally cannot bulk-cancel orders through Velobites without coordinating with the restaurant partner, unless the restaurant enables cancellation in checkout or expressly agrees.

(3) The restaurant partner may cancel or refuse orders, in particular where items are unavailable, information is incomplete or manifestly inaccurate, or force majeure applies.

(4) Velobites may decline orders that appear fraudulent or abusive and may restrict future orders by the same user where material reasons justify it.

(5) For alcoholic beverages or age-restricted products, age verification may be required. Orders may be refused if verification fails or the minimum age is not met; fees for refused age-restricted items may apply as shown by the restaurant partner or agreed between user and restaurant partner, where permissible.

(1) For orders of freshly prepared meals, perishable food, individually assembled goods and goods unsuitable for return for health protection or hygiene reasons, there is generally no right of withdrawal. This applies in particular to typical restaurant orders via Velobites.

(2) A statutory withdrawal right exists only if you are a consumer (Section 13 BGB), have a distance contract with the restaurant partner and no statutory exclusion under paragraph (3) applies — for example for non-perishable add-on products where offered via the platform.

(3) A right of withdrawal is excluded in particular where one of the following exclusions under Section 312g(2) BGB applies:

• goods are not prefabricated and an individual choice or determination by you is decisive or goods are tailored to your personal needs (no. 1);
• goods spoil quickly or would soon pass their use-by date (no. 2);
• hygiene or health reasons make the goods unsuitable for return once seals have been broken (no. 3);
• goods have become inseparably mixed with other items after delivery (no. 4).

(4) The contracting party for any withdrawal is the respective restaurant partner. Velobites is not a contracting party to the food order.

(5) Velobites may at most receive withdrawal declarations technically or forward them to the restaurant partner where this is provided for in the order process. Legal effectiveness remains determined by receipt at the restaurant partner.

(6) Reimbursement in the event of withdrawal is generally made by the restaurant partner or via the payment service provider where payment was processed online.

(7) The withdrawal policy and model form below apply only where a withdrawal right actually exists under paragraphs (1)–(6).

Withdrawal policy (where applicable)

Right of withdrawal

Where a withdrawal right exists under law, you may withdraw from the relevant part of the contract without giving reasons within fourteen days.

The withdrawal period is fourteen days and does not commence before valid contract formation with the restaurant partner (Section 5(3)). For delivery of goods not excluded from withdrawal, it does not end before fourteen days after the day on which you or a third party you nominate (other than the carrier) took possession of the goods.

Exercising the right of withdrawal

Address your withdrawal to the restaurant partner by an unequivocal statement (contact details are usually found on the order confirmation, receipt or restaurant partner imprint). You may use the model form below — it is not mandatory. Where provided for in the order process, you may send a copy to Velobites ([email protected]) for forwarding.

To meet the withdrawal deadline, it is sufficient to send your notification to the restaurant partner before the expiry of the period.

Effects of withdrawal

Where you validly withdraw towards the restaurant partner, the restaurant partner shall reimburse all payments received from you for the withdrawn performance, including delivery costs (except for supplementary costs where you chose a delivery type other than the least expensive standard delivery offered by the restaurant partner), without undue delay and in any event no later than fourteen days after receipt of your withdrawal notice. The restaurant partner shall use the same means of payment unless expressly agreed otherwise; you will incur no fee for the reimbursement.

The restaurant partner may withhold reimbursement until it has received the goods back or until you have supplied evidence of having sent the goods back, whichever is earliest.

You bear the direct cost of returning goods.

You are liable for any diminished value of the goods only if the loss in value is due to handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model withdrawal form

(Submit the form to the restaurant partner. A copy to Velobites for technical forwarding applies only where provided for in the order process.)

• To: restaurant partner — please state business name and postal address as shown on the order confirmation, receipt or restaurant partner imprint
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the purchase of the following goods (*)/for the provision of the following service (*):
• Ordered on (*)/ received on (*):
• Name of consumer(s):
• Address of consumer(s):
• Signature of consumer(s) (only if this form is notified on paper):
• Date:

(*) Delete as appropriate.

(1) Warranty and defect claims arising from the purchase contract with the restaurant partner must be asserted exclusively against the restaurant partner.

(2) Velobites has unlimited liability for intent and gross negligence and for injury to life, body or health.

(3) In case of ordinary negligence, Velobites is liable only for breach of a material contractual duty (cardinal obligation) whose fulfilment is essential for proper performance and on whose compliance the user may regularly rely.

(4) In that case liability is limited to foreseeable, typical damage.

(5) Velobites is not liable for content provided by restaurant partners (e.g. menus, prices, descriptions, images, allergen information).

(1) There is no entitlement to uninterrupted availability of the platform.

(2) Maintenance, updates and technical faults may cause temporary restrictions.

(3) Velobites may change, restrict or discontinue features where reasonable for users in light of legitimate interests.

(1) Restaurant partners may be displayed in organic sorting on the platform. Criteria may include distance, availability, relevance, ratings, user interaction, technical data quality and economic parameters. Weightings may change; Velobites does not guarantee any particular ranking position.

(2) Restaurant partner offers may be highlighted for a fee (e.g. sponsored listings or comparable advertising formats). Such content is labelled as advertising and may affect visibility.

(3) Further information on data processing in connection with ranking and personalisation is provided in the privacy policy.

(1) Complaints about food, beverages, quality, ingredients, allergens, prices, delivery, pickup, cancellation and contractual performance should generally be addressed to the respective restaurant partner (contact details are usually shown in checkout, on receipts or in the restaurant partner imprint).

(2) Complaints about platform functionality, user accounts, technical faults, security or technical payment processing may be sent to Velobites at [email protected].

(3) After receiving a platform complaint, Velobites will send an acknowledgement of receipt where technically possible, generally within one week, and aim to resolve the matter appropriately; a substantive response is generally targeted within two weeks unless a more extensive investigation or coordination with third parties is required.

(4) Please describe complaints as specifically as possible and include relevant order/transaction details.

(5) We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

(1) Information on processing personal data is provided in our privacy policy.

(2) Details on personal data, service providers used, cookies, comparable storage technologies, legal bases, retention periods and data subject rights are set out in the privacy policy.

(3) Technical service providers may be used to operate the platform. Further details are described in the privacy policy.

Subject to applicable law, Velobites may inform users by email or via the platform, in particular about technical matters, security notices or contract-related messages regarding platform use.

(1) Where the feature is offered, Velobites may send push notifications to devices where users have given any required express consent.

(2) Push notifications may include in particular:

• order and transaction information,
• technical notices,
• offers and marketing content.

(3) Transactional notifications (e.g. order status) may also be sent without separate marketing consent where necessary to perform the contract.

(4) Marketing push notifications are sent only on the basis of prior consent.

(5) Consent may be withdrawn at any time with effect for the future (e.g. via device or app settings).

(6) Technical service providers may be used for delivery.

(7) Further information is provided in the privacy policy.

(1) Where the platform provides this feature, users may submit ratings, comments or other content (user content). This is voluntary.

(2) By submitting user content you grant Velobites a simple, royalty-free licence to process it for operating and displaying the platform, documentation, quality assurance and abuse prevention, and — where technically or legally required — to remove or restrict it.

(3) User content must not infringe third-party rights or violate applicable law (including defamation, misleading statements, unauthorised advertising or extremist material). You are solely responsible for your content.

(4) Velobites may review and moderate user content (including with technical assistance) and remove unlawful content or restrict access. For filing notices concerning allegedly illegal content, see Notice of allegedly illegal content; supplementary information appears in our privacy policy. You may also contact [email protected].

(5) Published ratings may — depending on product design — be shown with a display name or first name and an order reference. Publication does not mean Velobites endorses the opinion expressed.

(1) Where offered, loyalty, bonus or voucher programmes ("programmes") may apply. Participation, benefits and consideration follow the rules shown for the specific product and these GTC as a framework.

(2) Points or vouchers are generally personal, non-transferable and may expire; details are shown in the product or communicated separately.

(3) Velobites may change, suspend or end programmes; benefits already credited remain subject to mandatory law and the specific programme terms communicated at the time.

(4) Abuse, manipulation or multi-accounting to circumvent programme rules may lead to suspension.

(1) Abusive orders, fraud, circumvention of technical safeguards and manipulation of the platform are prohibited in particular.

(2) Velobites may suspend user accounts temporarily or permanently and take legal action.

(1) Alcoholic beverages and age-restricted products are supplied only to adults.

(2) Age verification is the responsibility of the restaurant partner or its delivery personnel under applicable law; operational details are set out in Section 8 of these GTC.

(1) Velobites may amend these GTC for objectively justified reasons, e.g. platform changes, new features or legal updates.

(2) Users will be informed of material changes in text form in good time where required, e.g. by email or by an in-app notice.

(3) Where an amendment requires consent, Velobites will obtain it.

(4) Otherwise, amendments are made only within the scope of statutory requirements.

(1) The laws of Germany apply to the exclusion of the UN Sales Convention (CISG), unless mandatory consumer protection laws of another jurisdiction prevail.

(2) Mandatory consumer protection rules of the state in which the user has their habitual residence remain unaffected.

(3) Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected. Invalid provisions shall be replaced by a legally permissible provision closest in economic purpose.

(4) If the German and English versions of these GTC conflict, the German version prevails, unless mandatory consumer law provides otherwise.