Allgemeine Geschäftsbedingungen

‍1.         General information

1.1       These General Terms and Conditions (‘GTC’) apply to all transactions and contracts between Foodji GmbH (‘Foodji’) and a customer (‘Customer’) via the website https://www.foodji.com (“Website”), via the ‘Foodji’ app provided by Foodji (‘App’) or via the Foodji food vending machines (‘Food Vending Machines’) provided by Foodji.

1.2       The customer's contractual partner is Foodji.

Foodji GmbH
Auenstr. 5
80469 München
Deutschland

represented by managing directors Felix Munte and Daniel von Canal, registered in the commercial register of the Munich Local Court under HRB230861, VAT ID: DE310162706

Email address: hello@foodji.com

Telefon: +49 89 552 09 468

1.3       The version of the General Terms and Conditions valid at the time of conclusion of a contract shall be decisive. Foodji reserves the right to make changes to these General Terms and Conditions.

1.4       Conditions that deviate from and/or go beyond these General Terms and Conditions will not be recognised unless Foodji expressly agrees to their validity in writing.

1.5       Customers within the meaning of these General Terms and Conditions are exclusively consumers within the meaning of Section 13 of the German Civil Code (BGB).

1.6       The contract language is German. In the event of translations into other languages, the German version shall take precedence. The contract text is not stored by Foodji.

2.         Services

2.1       Foodji provides a website, app and food vending machines (‘Platforms’) through which customers can order food, beverages and other goods (“Goods”) and collect them from the food vending machine (‘Service’).

3.         Registration and user account

3.1       The app can be installed and used without registration. However, in order to place orders via the app, the customer must create a customer account (‘user account’) by following the registration instructions in the app. When registering a user account, the customer must provide a password and submit certain personal data to Foodji, such as their name, address, email address and, in the case of orders subject to a charge, at least one valid payment method. Registration is free of charge. There is no entitlement to registration. Alternatively, the customer can register and log in via an existing social media account. To do so, the customer must confirm the data transmitted via the social media account.

3.2       Each customer may only register once. Customers must be at least 18 years of age and are responsible for ensuring that the data and payment information they provide is always up to date, complete and accurate.

3.3       The customer shall ensure that unauthorised persons do not gain access to the device used to place the order and/or the data required to place the order via the customer's user account. If the customer violates this obligation, the customer shall be liable for all activities originating from their user account that are caused by this breach of obligation, unless the customer is not responsible for this. The customer shall inform Foodji immediately upon becoming aware of any unauthorised use of their user account.

3.4       Foodji endeavours to ensure the ongoing availability of the app, but accepts no liability for its permanent availability.

3.5       The customer may delete their user account at any time. Once the user account has been deleted, it will no longer be possible to order goods via the app.

4.         copyrights

4.1       Foodji grants customers the non-exclusive, non-sublicensable and non-transferable, time-limited and revocable right to access and use the services via the platforms provided by Foodji solely for the purposes set out herein. Any further use of the platforms, including the images, signs, symbols or product descriptions displayed, is not permitted without the express consent of Foodji. The platforms are protected by copyright.

4.2       When using the platforms, it is prohibited to copy or modify the information presented there or the software associated with the services, or to create derivative works based on them. It is also prohibited to extract the goods displayed and offered on the platforms (e.g. by ‘scraping’) and/or to reuse the information outside the platforms.

5.         contract conclusion

5.1       In order to purchase and receive goods, the customer must conclude a purchase agreement with Foodji that is separate from the platform usage agreement.

5.2       The customer is shown a selection of goods digitally in the app or at a food vending machine, which they can add to their digital shopping basket in the app. Adding goods to the shopping basket does not constitute a purchase contract between the customer and Foodji. The presentation or advertising of goods does not constitute a legally binding offer by Foodji to conclude a purchase contract, but merely an invitation to submit a contract offer (invitatio ad offerendum). The purchase contract is concluded as described below:

5.3       By direct selection at the food vending machine:

5.3.1       The customer can select individual items from a range of goods displayed digitally on the food vending machine and place them in the shopping basket. Once the customer has selected items and placed them in the shopping basket, they have the option of checking and changing their selection in the order overview.

5.3.2       By clicking on the ‘Buy now’ button in the order overview, the customer submits a legally binding offer to conclude a purchase contract for the goods contained in their shopping basket.

5.3.3 By activating the payment option on the food vending machine, Foodji accepts the customer's offer to conclude a purchase contract. Once the payment process is complete, the customer can remove the ordered goods from the dispensing chute.

5.4       By selecting in the app:

5.4.1       First, the customer must select an available food vending machine as a pick-up station in the app. After the customer has selected their desired items and added them to their shopping basket, they have the option to review and change their selection in the order overview.

5.4.2       By clicking on the ‘Buy now’ button in the order overview, the customer submits a legally binding offer to conclude a purchase contract for the goods contained in their shopping basket. The ordered goods are reserved for the customer in the selected food vending machine for the collection period displayed in the app.

5.4.3       By pressing the ‘Pick up now’ button in the order overview of the app, Foodji activates a QR code on the selected food vending machine, which the customer can scan with the app. By scanning the QR code, Foodji accepts the customer's offer to conclude a purchase contract. After the QR code has been successfully scanned, the purchased goods are dispensed from the food vending machine's dispensing chute for the customer to collect.

5.5       If any goods ordered by the customer are unavailable, Foodji shall inform the customer immediately.

5.6       Goods ordered from Foodji remain the property of Foodji until they are finally handed over to the customer.

6.         Prices

6.1       Only the purchase price of the respective goods displayed in the app or on the Foodji vending machine applies.

6.2 All prices include the value added tax (VAT) applicable to the respective goods.

6.3 The current total value of the shopping basket is displayed to the customer in the shopping basket and/or in the order summary.

6.4 Voucher codes may optionally be entered during the ordering process and applied to selected purchases, thereby reducing the price of the goods.

6.5 Where a deposit is charged on beverages and other packaging, this deposit is not included in the stated purchase price. The amount of the deposit is shown separately.

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7.         Subsidy Programme

7.1 As part of subsidy programmes (“Subsidy Programme”), participating customers are enabled to purchase goods from the respective food vending machine at reduced prices.

7.2 Only customers who have been authorised by the respective operator of the food vending machine location (e.g. the employer) (“Location Operator”) by means of a code provided or by validation of an email address assigned by the Location Operator may participate in such a Subsidy Programme. The Location Operator is responsible for issuing codes and email addresses. The discount is granted by way of a subsidy provided by the Location Operator. Foodji merely provides the platform for the purchase of goods by installing and operating the food vending machine.

7.3 By agreeing to these Terms and Conditions, each customer participating in a Subsidy Programme undertakes to participate only once and to use the discount solely for personal use. Multiple participation, as well as the transfer or passing on of the discount or the codes or email addresses required to claim the discount to third parties, is expressly prohibited.

7.4 Foodji is entitled to disclose the data of all customers participating in a Subsidy Programme to the Location Operator. This serves to fulfil the obligations of the Location Operator and to comply with statutory requirements relating to the subsidisation of employee catering. The data transmitted is used to identify the participating customer and all purchases made via the Subsidy Programme.

7.5 The Subsidy Programme may be terminated at any time by the Location Operator. The customer participating in the Subsidy Programme may also withdraw from the Subsidy Programme by contacting Foodji via the contact details set out in Clause 1.2.

8.         terms of payment

8.1 The purchase price for goods ordered from the food vending machine is generally payable immediately upon placing an order or upon conclusion of the contract. For orders placed via the app, the purchase price is usually due for payment immediately. However, Foodji reserves the right to aggregate a customer’s orders and to collect payment only once the total amount of the customer’s completed but unpaid orders exceeds a certain gross amount or once a specified period of time has elapsed since the last order.

8.2 The customer may pay using the payment methods specified on the platforms. Payment methods are managed within the app via the customer’s user account. Foodji reserves the right to offer additional payment methods at any time or to remove individual payment methods from the platforms.

8.3 Default / bank charges
If the customer is in default of payment or if a payment is not executed due to insufficient funds, incorrect details, or an unauthorised chargeback, we reserve the right to charge the customer for any bank or transaction fees incurred as a result. This applies in particular to returned direct debits, declined credit card payments, or comparable payment transactions.

The customer undertakes to reimburse any additional costs arising from such failed transactions without delay, provided that the customer is responsible for them. Further claims, in particular default interest in accordance with Section 288 of the German Civil Code (BGB) as well as reminder fees, remain unaffected.

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9.         Haftung

9.1 Claims by the customer for damages are excluded. This shall not apply to claims for damages arising from injury to life, body or health, or from the breach of essential contractual obligations, the fulfilment of which is necessary to achieve the purpose of the contracts concluded between Foodji and the customer and on whose compliance the customer was entitled to rely (cardinal obligations), nor to liability for other damages resulting from an intentional or grossly negligent breach of duty by Foodji, its legal representatives or vicarious agents, or by the platforms.

9.2 In the event of a breach of essential contractual obligations, Foodji shall be liable only for the typical, foreseeable damage if such damage was caused by simple negligence, unless the claims for damages arise from injury to life, body or health.

9.3 The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected by Clauses 9.1 and 9.2.

10.      Technical requirements

10.1    Use of the website and app requires compatible devices and adequate internet access and/or a telephone connection, which the customer must provide at their own responsibility and expense. Foodji accepts no responsibility for the loss or improper transmission of information and/or services resulting from the customer's failure to meet the necessary requirements.

11.      Privacy notice

11.1    The privacy policy available on the platforms at any time applies.

12.      final provisions

Contracts between the contracting parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the customer as a consumer has his habitual residence, remain unaffected.

The EU Commission has created an internet platform for online dispute resolution. Further information is available at the following link: http://ec.europa.eu/consumers/odr. In accordance with § 36VSBG, the customer is advised that Foodji is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

As of April 2025