Terms and Conditions for the Use of Smunch

§1General

Smunch (Shiver Nebula GmbH, Jägerstraße 71, 10117 Berlin) provides you with meals at lunch time (the "Lunches" or "Smunches"). Our Lunches are prepared by selected partner restaurants. The delivery terms (in particular fixed delivery time, delivery day) for our deliveries are determined by your employer in consultation with us.

§2Contract Models, Delivery Modalities

There are two different models: 

Direct Contract Model 

The contract for the delivery of freshly made Lunches (delivery contract) is made between Smunch and you, so we will send you our invoice (usually monthly).

The delivery modalities (in particular fixed delivery time, delivery day) for our deliveries are in any case determined by your employer in consultation with us.

The specified delivery modalities can be viewed at any time in your User Account. Changes by us are possible at any time without giving reasons. Price changes (insofar as they do not concern only your employer) will be forward to you expressly and with a lead time of at least one week.

Employer Contract Model 

The contract for the delivery of freshly made Lunches (delivery contract) is settled between Smunch and your employer and settled with your employer (usually monthly).

§3User Account, Term and Termination 

In your User Account you can manage orders, your personal data and further information. The details in your user account are always complete and true.

You must keep your access data to your user account safe. Do not share it with any third party, since your user account will be closed indefinitely as a result.

§4

Services provided by Smunch

Smunch will provide you with your User Account and its functionality, especially online applications, as long as they are offered by Smunch. Smunch will always select its partner restaurants with the utmost care according to high quality standards and carry out quality checks. Smunch or the respective partner restaurant will deliver your ordered Lunches within the delivery modalities. Smunch will remind/inform you in advance of any order possibilities, delivery dates or deliveries of Lunches via email, SMS or other means of communication. You can manage those details in your User Account.

§5Corporate Benefits

Direct Contract Model

Your employer can pay different bonuses for your lunches or make an integration into the payroll slip ("Corporate Benefits"), but this is not an obligation and may be implemented, for example, only for certain days. The status of each Corporate Benefit is displayed or communicated in your User Account, and you receive notification in advance (e.g. via e-mail) if your employer introduces, changes or terminates the corporate benefit. Details are subject to the agreement between you and your employer. Smunch has no right to make any agreement between your employer and you on your behalf.

Employer Contract Model

Not applicable.

§6Billing, Tax Implications, Payment Modalities
Direct Contract Model

You are obligated to pay your respective Lunch directly to Smunch after the invoice has been sent by Smunch. In case that your employer implements Smunch's automated billing process into his payroll system (integration into payroll) and, if applicable, subsidizes it, this is considered as part of Corporate Benefits.

Tax implications (such as monetary benefits) must be considered by you or your employer.

For the settlement (in the case of Corporate Benefits) it may be necessary that your employer receives all relevant payment data (number of Lunches, lunch price, etc.) from Smunch. By using Smunch (log-in on the website and placing orders) you agree that Smunch may pass this data on to your employer for accounting purposes. This applies in particular if you have agreed with your employer that he pays the Smunch invoices directly for you ("Direct Settlement").

Employer Contract Model

The invoicing of the Lunches is done directly with your employer.

Tax implications (such as monetary benefits) must be considered by you or your employer.

For the settlement, it is necessary that your employer receives all relevant payment data (number of Lunches, lunch price, etc.) from Smunch. With the use of Smunch you agree that Smunch may pass this data on to your employer for accounting purposes.

§7Right of Revocation and Instruction
Direct Contract Model

You cannot revoke your order with Smunch if it concerns the delivery of goods which can spoil quickly or whose expiration date would soon be exceeded (§312g(2)(2) German Civil Code "BGB"). The right of revocation is also excluded for goods which are not prefabricated and for whose manufacture an individual selection or provision is intended by the consumer or which are clearly tailored to the personal needs of the consumer (§ 312g(2)(1) BGB), as well as the individual Lunches and sealed goods which are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery (§ 312g(2)(3) BGB).

If you are a consumer within the meaning of § 13 BGB, you are entitled to a right of withdrawal for the part of the order (if at all) which does not fall under the above mentioned exclusion lists (see below). Consumers are any natural person who enters into a legal transaction for purposes which can not be attributed primarily to their commercial or independent occupation.

Cancellation policy:

Right of revocation:

You have the right to revoke this contract within a period of fourteen days without giving reasons.

The period of revocation shall begin fourteen days after the date on which you or a third party you designate (who is not the carrier) has taken the goods into possession.

In order to exercise your right of revocation, you must inform Smunch (Shiver Nebula GmbH, Jägerstraße 71, 10117 Berlin or hi@smunch.co) of your decision by means of a clear declaration (e.g. a letter, fax or e-mail sent by mail). You can use the enclosed sample revocation form, but this is not mandatory.

In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation:

If you revoke this Agreement, we will refund you all the payments that we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you have used in the original transaction, unless you and Smunch have expressly agreed otherwise; in no case will you be charged for these repayment fees.

We may refuse the refund until we have recovered the goods or until you have proven that you have returned the goods, whichever is earlier.

You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected if you send the goods before the end of the deadline of fourteen days.

You will bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.

Sample Revocation Form:

(If you want to revoke the contract, please fill out this form and send it back to us.)

To Shiver Nebula GmbH, Jägerstraße 71, 10117 Berlin, legal@smunch.co

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*):

Ordered on (*) / received on (*):

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s): (only in case of a communication on paper)

Date:

(*) Delete as appropriate.

§8

Data Protection

Smunch undertakes to observe the relevant data protection regulations. The relevant Data Security also applies to Smunch.

§9SEPA-Direct Debit Mandate

Direct Contract Model

If you have chosen the option that we should collect your invoices monthly from your account via direct debit (SEPA direct debit mandate), the following applies:

You agree with the authorization of the SEPA Direct Debit Mandate that Smunch (Shiver Nebula GmbH) can receive payments from your bank account by direct debit. At the same time, you instruct your credit institution to pay the debits drawn by us from your account.

Note: You can request reimbursement of the debited amount within 8 weeks, beginning with the debiting date. The conditions agreed with your credit institution apply.

Smunch reserves the right to charge for direct debits (subject to prior notice).

The creditor identification number is: DE21ZZZ00001993911

If you have agreed with your employer on a direct settlement for your daily lunches, we may only take orders that exceed one lunch per day via the SEPA direct debit mandate.

Employer Contract Model

Not applicable.

§10Severability Clause

If individual provisions of this contract are ineffective, this shall not affect the validity of the remaining provisions.

The partners will in this case replace the invalid provision by another one that covers the economic purpose of the deleted provision in a permissible way.
State: 28.02.2017