Terms for business customers

These terms apply to every contract for a company account and every order placed through it between the business named above (we) and entrepreneurs within the meaning of § 14 German Civil Code, legal entities under public law and special funds under public law (business customer). Different terms of the business customer apply only if we expressly agree to them in text form. Orders that employees place privately and on their own account are governed by our terms and conditions for consumers.

The contract for the company account is concluded when we confirm the business customer’s registration. In the company portal the business customer decides who may order for it, whether orders above an amount need approval, and how they are billed. Orders that an authorised person places through the company account count as orders of the business customer. The business customer keeps the list of authorised people up to date and blocks anyone who may no longer order; until they are blocked in the portal, it is liable for their orders.

An order is accepted when we confirm it; where it needs approval, only after approval.

The prices, price lists, subsidies and offers stored in the company portal for the business customer at the time of the order apply; otherwise the prices of our menu. Prices are inclusive of statutory VAT, plus a delivery fee for delivery. We announce changes to price lists 4 weeks in advance in text form; they apply to orders from the announced date.

We bill orders on the company account in the cycle chosen in the portal: monthly, every two weeks or per order, separately by department on request. With the invoice the business customer receives a statement of the orders billed. The business customer raises objections to a statement in text form within 2 weeks of receipt; after that it counts as approved, which we point out with the invoice. We send invoices electronically.

Invoices are payable without deduction within the term agreed in the portal (7, 14 or 30 days from the invoice date), by bank transfer or, if the business customer has given a SEPA business-to-business direct debit mandate, by direct debit. We announce a direct debit at least 5 days in advance (pre-notification). The business customer bears the costs of a returned debit it is responsible for.

If the business customer does not pay on time, it is in default without a reminder. We may then claim default interest of nine percentage points above the base rate (§ 288(2) German Civil Code) and the lump sum of 40 euros (§ 288(5) German Civil Code); further damages remain reserved. While payment is in default we may suspend ordering on account until the outstanding amounts are paid.

We are liable without limitation for intent and gross negligence, for injury to life, body or health and under the Product Liability Act. For slight negligence we are liable only for breach of an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the business customer may regularly rely, and limited to the foreseeable damage typical for the contract. Allergens and additives are stated on every dish and on our allergen page; the business customer ensures that people ordering state their intolerances when they order.

The business customer sends us the names and contact details of its employees so that they can order through the company account. The business customer and we are each independent controllers. The business customer ensures that it may pass these details to us and sends only the details the portal asks for. We inform the employees under Art. 14 GDPR as soon as they are added; the notice is also at privacy notice for employees of business customers. Statements show the business customer the orders of each employee with date and amount.

The company account runs for an indefinite period. Either side may terminate it with one month’s notice to the end of a month in text form. The right to terminate without notice for good cause is unaffected; good cause for us is in particular a substantial payment default despite a reminder. Orders accepted before the end are still carried out and billed.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the business customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Heidelberg. We announce changes to these terms at least 6 weeks before they take effect in text form; if the business customer does not object by then, they count as accepted, which we point out in the announcement. If a provision is invalid, the others remain valid.