EssNetz GmbH – Terms & Conditions (T&C) – English
1. Introduction
Welcome to EssNetz GmbH (“EssNetz,” “we,” “us,” or “our”).
By subscribing to and using our meal delivery services, you agree to these Terms & Conditions (T&C).
2. Subscription Terms
2.1 Subscription Period & Automatic Renewal
- Monthly Subscription: The subscription is valid for one month and renews automatically unless canceled.
- Meal Start Date: Meals are delivered 7 days after the subscription date. If the 7th day falls on a weekend or public holiday, meals start on the next working day.
- Billing Cycle:
- The first subscription payment is charged immediately upon sign-up.
- Future payments are charged on the same day each month based on the first payment date.
- Example: If you subscribe on October 1st, your meals start on October 7th, and the next charge is November 1st.
2.2 Subscription Renewal & Price Adjustments
- Subscriptions renew automatically unless canceled before the renewal date.
- Changes to plans (upgrade/downgrade) take effect in the next billing cycle.
- EssNetz reserves the right to adjust prices with 30 days’ notice to users.
3. Cancellation & Refund Policy
3.1 Right of Withdrawal (14-day Cooling-off Period)
- Users may cancel their subscription within 14 days of sign-up.
- Meals consumed during this period will be charged according to the selected plan.
3.2 Subscription Cancellation
- After the 14-day withdrawal period, cancellations are only valid before the next renewal date.
- Example: If your subscription renews on April 5th, you must cancel by April 4th to avoid being charged again.
3.3 Refunds & Meal Carry-Forward
- No refunds are given for unused meals or late cancellations.
- Carry-forward meals: Unused meals may be rolled over to the next month (limits apply based on plan).
3.4 Cancellation Confirmation & Plan Changes
- EssNetz confirms cancellations within 48 hours via email.
- Plan changes (upgrade/downgrade) take effect in the next billing cycle.
- Immediate cancellation allowed if EssNetz modifies key terms (e.g., price increase).
4. Payment & Failed Transactions
4.1 Accepted Payment Methods
- EssNetz accepts Credit Cards, PayPal, and SEPA direct debit.
- Users authorize automatic recurring payments by subscribing.
4.2 Failed Payments
- If a payment fails, EssNetz notifies the user and retries the charge within 7 days.
- If the issue remains unresolved, the subscription is paused, and no meals are delivered until payment is successful.
5. Service Limitations & Availability
5.1 Delivery Area & Meal Availability
- Users must verify if EssNetz delivers to their area before subscribing.
- EssNetz does not guarantee meal availability and may offer alternative meals if necessary.
5.2 Delivery Failures & Force Majeure
- EssNetz is not responsible for delivery delays caused by:
- Strikes, transportation failures, natural disasters.
- Government restrictions or unforeseen events.
- If a meal cannot be delivered, EssNetz provides a credit for a replacement meal, but no cash refunds.
5.3 Responsibility of Delivery Partners
- EssNetz coordinates delivery but does not directly handle it.
- EssNetz is not liable for delays, cold meals, or incorrect deliveries—these are the responsibility of the delivery partner.
- Users must report delivery issues within 2 hours to be eligible for a resolution.
6. User Responsibilities & Fair Use Policy
6.1 Account Usage & Misuse
- Users must provide accurate registration details.
- EssNetz may suspend accounts for:
- Fraudulent cancellations or chargebacks.
- Disrupting the service or violating fair-use policies.
7. Liability & Disclaimers
7.1 Meal Quality & Allergen Disclaimer
- EssNetz aims for high-quality meals but cannot guarantee 100% allergen-free food.
- Users must check allergen information before selecting meals.
7.2 Liability Limitation
- EssNetz is not liable for:
- User mistakes (e.g., forgetting to select meals).
- Third-party delivery failures.
- Indirect damages, lost profits, or lost data.
8. Intellectual Property & Data Privacy
8.1 Copyright & Trademarks
- EssNetz’ content, logos, and meal descriptions are protected by copyright law.
- Unauthorized use of EssNetz branding is prohibited.
8.2 GDPR Compliance & Data Protection
- EssNetz complies with GDPR and does not sell personal data.
- Users can request data deletion via legal@essnetz.de.
9. Governing Law & Dispute Resolution
9.1 Governing Law
- These terms are governed by German law (BGB).
9.2 Dispute Resolution & Mediation
- Users must attempt resolution with EssNetz within 14 days before legal action.
- Jurisdiction: Disputes are handled in Koblenz, Germany.
10. Special Conditions for Corporate Clients (B2B)
10.1 B2B Contracts
- Business clients receive custom contract terms agreed in writing.
- Corporate clients are responsible for on-time invoice payments, regardless of whether employees use the service.