Terms and Conditions

Terms and Conditions for the Use of Bella&Bona Service

 

#1 General

Bella&Bona (Gotthardstrasse 89, 80689 München) provides you with meals at lunchtime (the "Daily Lunch") and catering for your events. The delivery terms (in particular fixed delivery time, delivery day) for our deliveries are determined by your employer in consultation with us.

Bella&Bona is doing its best to preserve safety of the food. However, it does not take responsibility for changes in dish quality that may have occurred due to transport, outside heat, management of food in your facility, any responsibility connected to our suppliers or our supplier's suppliers.

You allow us to subcontract the preparation of food. In case of subcontract, you will not consider us responsible for food safety prepared by subcontractor and responsibility will fall under the aforementioned subcontractor.

 

#2 Contract Models, Delivery Modalities

There are two different models:

Direct Contract Model

The contract for the delivery of freshly made Lunches is made between Bella&Bona and you, whose payment is going to be done via the e-commerce platform.

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.

Bella&Bona’s intention to deliver the food in the mentioned time window is on a best-effort basis. In case of changes in traffic, workload and unforeseen circumstances, Bella&Bona is not responsible for eventual delays.

 

Employer Contract Model

The contract for the delivery of freshly made Lunches (delivery contract) is settled between Bella&Bona and your employer and settled with your employer.

 

#3 User 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 Bella&Bona

Bella&Bona will provide you with your User Account and its functionality. Bella&Bona will cook and deliver its services with the utmost care according to high quality standards and carry out quality checks. Bella&Bona will deliver your ordered Lunches within the delivery modalities. Bella&Bona will remind/inform you in advance of any order possibilities, delivery dates or deliveries of Lunches via email or other means of communication.

Pictures representing dishes on our website and any of our communications are only indicative servings and do not represent the end product that is going to be delivered.

 

#5 Corporate Benefits

Direct Contract Model

Your employer can pay different bonuses for your lunches, 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. Bella&Bona has no right to make any agreement between your employer and you on your behalf.

 

#6 Billing, Tax Implications, Payment Modalities

Direct Contract Model

You are obligated to pay your respective Lunch directly to Bella&Bona via website. In case that your employer implements Bella&Bona'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.

By using Bella&Bona (log-in on the website and placing orders) you agree that Bella&Bona 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 Bella&Bona 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 Bella&Bona. With the use of Bella&Bona you agree that Bella&Bona may pass this data on to your employer for accounting purposes.

 

#7 Right of Revocation and Instruction

Direct Contract Model

You cannot revoke your order with Bella&Bona 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 cannot be attributed primarily to their commercial or independent occupation.

 

Cancellation policy:

If you revoke an order before 1pm of the day before the delivery, we will refund you all the payments that we have received from you. For such repayment, we will use the same means of payment that you have used in the original transaction, unless you and Bella&Bona have expressly agreed otherwise; in no case will you be charged for these repayment fees.

In the contrary case, 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.

 

#8 Data Protection

Bella&Bona undertakes to observe the relevant data protection regulations. The relevant Data Security also applies to Bella&Bona. We process your personal data in accordance with our Privacy Policy which can be found here.

 

#9 SEPA-Direct Debit Mandate

Direct Contract Model                                                                                                                                       

You agree with the authorization of the SEPA Direct Debit Mandate that Bella&Bona 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.

Bella&Bona reserves the right to charge for direct debits (subject to prior notice).

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.

 

#10 Severability Clause

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

 

#11 Proprietary Rights

All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Bella&Bona or are copyright-free materials. You acknowledge and agree that all Material on the Website is made available for limited, non- commercial, personal use only. Except as specifically provided herein or elsewhere on the website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without express written permission of Bella&Bona. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the App or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

 

Last updated: 08.10.2019