Terms
General Terms and Conditions
Scope of application, provider
(1) These General Terms and Conditions (hereinafter referred to as "General Terms and Conditions") apply to the legal relationship between Hello Chef, Mangfallstrasse 25, 81547 Munich (hereinafter referred to as "we" or "us") and the customer (hereinafter referred to as "customer" or "you") in connection with our following services:
- Provision of private chefs (hereinafter referred to as "private chef") for the preparation of meals on site at the customer's premises or at a location provided by the customer and catering services.
- including provision of the ingredients for the meals
- in each case as part of private or business meals; the provision of our services within the scope of a respective time slot for which one of our chefs is booked by the customer is hereinafter referred to as "cooking appointments" or "catering".
(2) Any terms and conditions of the customer that deviate from and/or go beyond these terms and conditions do not become part of the contract.
Distinction between entrepreneurs and consumers
(1) Some provisions of these terms and conditions do not apply to all customers, but only to consumers or only to entrepreneurs. Where this is the case, it is specifically marked at the relevant point in these terms and conditions.
(2) "Consumer" within the meaning of these terms and conditions is, in accordance with the legal definition in Section 13 of the German Civil Code, any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity.
(3) "Entrepreneur" within the meaning of these terms and conditions is, in accordance with the legal definition in Section 14 of the German Civil Code, natural and legal persons or partnerships with legal capacity who enter into a business relationship with us in the exercise of their commercial or independent professional activity.
Conclusion of contract, storage of the contractual provisions and contractual language for online orders.
If the contract is not concluded by means of individual communication, i.e. in person, by email, fax, post, telephone or similar, but by means of an online order, the following applies:
(1) The contract is concluded as follows: Only when you order the service is a binding offer to conclude a corresponding contract. To place the order, you go through the ordering process on the website and enter the information requested there. Before sending the order, you have the opportunity to check all order data again and correct it if necessary. Only when you send the order do you make a binding offer to us to conclude a contract.
We can accept your offer within five days by
- sending an order confirmation by post, fax or email, or
- requesting payment
; the time of receipt of our order confirmation or request for payment is decisive for compliance with the deadline.
(2) We save the contractual provisions, i.e. the order data / registration data and these General Terms and Conditions. You can print out or save the contractual provisions by using the usual functionality of your browser (usually "Print" or "File" > "Save as"). The order data/registration data are included in the overview that is displayed in the last step of the order/registration.
(3) The contractual language is German.
Customer account (for online orders)
(1) To make using our online service more convenient, you have the option of opening a customer account. You are obliged to treat your access data, such as your password, as confidential and to inform us immediately in the event of loss or unauthorized use of your access data.
Consumer right of withdrawal
(1) According to Section 312g Paragraph 2 No. 9 of the German Civil Code (BGB), a consumer right of withdrawal does not apply, among other things, to contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, vehicle rental, delivery of food and beverages and for the provision of other services in connection with leisure activities if the contract stipulates a specific date or period for the provision. Insofar as we provide our services on a fixed date, there is accordingly no right of withdrawal.
Cancellation of orders by the customer
(1) You can cancel your booking for a cooking appointment or catering until the end of the cooking appointment if there is an important reason for doing so. An important reason generally requires that the reason for termination is not yours but ours.
(2) In the event of cancellation, we are entitled to charge you the difference between the agreed remuneration and what we have saved in expenses as a result of the cancellation of the contract or what we have acquired through other use of our labor or what we have maliciously failed to acquire.
(3) Instead of calculating the specific difference in the sense of the previous paragraph, we can charge a flat-rate cancellation fee in the following amount:
Cancellation within 7 days of the cooking appointment: 100% of the invoice amount
If you cancel up to 7 days before the cooking appointment, you will receive a refund of the full invoice amount in the form of a voucher.
If you can prove that the difference is lower in the sense of the previous paragraph, this lower amount applies.
(4) Even if the conditions for cancellation according to this clause 6 are not met, you can of course ask us at any time whether we would agree to a cancellation. We will then check whether and under what conditions we can comply with your cancellation request.
Customer's obligation to cooperate
(1) The customer provides a kitchen equipped with all standard kitchen appliances (including 4 hotplates, oven, running water, dishes) on site and provides instructions if necessary.
(2) The customer ensures that the kitchen appliances and kitchen are in a clean condition.
(3) If the private chef also takes on the task of setting and/or laying the table, the customer shows the private chef where to find the dishes.
Limitation of liability
Our liability for damages is as follows:
(1) In the event of intent and gross negligence, including on the part of our vicarious agents, we are liable in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, body or health.
(2) In the case of negligently caused material damage and financial loss, we are only liable if a material contractual obligation is breached, but the amount is limited to the damage that was foreseeable at the time the contract was concluded and was typical for the contract; material contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely.
(3) Otherwise, our liability is excluded, regardless of the legal basis.
(4) The exclusions and limitations of liability in the above paragraphs (1) to (3) also apply mutatis mutandis to our vicarious agents.
(5) Liability due to the assumption of a guarantee or under the Product Liability Act remains unaffected by the exclusions and limitations of liability in the above paragraphs (1) to (4).
Choice of law, place of jurisdiction
(1) German law applies exclusively. This choice of law only applies to consumers to the extent that it does not restrict any mandatory legal provisions of the state in which they have their place of residence or habitual abode.
(2) The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law is the registered office of our company. However, we are entitled, at our discretion, to sue at the customer's registered office.