General Terms and Conditions for Customers
The present 'General Terms and Conditions for Customers' are applicable to the relations between
Takeaway.com and the Customers. Restaurants are referred to the 'General Terms and Conditions for
Offer: the range of products and services offered by the Restaurant that can be ordered by the
Customer through the Platform.
Order: an order placed by the Customer with the Restaurant through the Platform as regards the
Customer: a natural person (over 18 years) or legal entity placing an Order through the Platform.
Agreement: an agreement between the Customer and the Restaurant regarding an Order and the
delivery or collection of the Order.
Platform: the website(s), apps, tools and other equipment of Takeaway.com and its affiliated
companies and business partners on which the Service is made available.
Restaurant: a company that prepares and sells meals, beverages and related articles and uses the
Platform for the establishment and payment of the Agreements.
Restaurant information: the information about the Restaurant with regard to, among other things,
company and contact information, product range (meals, side dishes, options and beverages,
including allergens), prices for each individual product (including VAT), company logo, graphics,
delivery area (including postal codes), delivery costs and minimum order amount and other information
about the Restaurant.
Service: the commercial services and/or activities that are offered to the Customer by Takeaway.com,
including publication of the Offer, facilitation of the conclusion of Agreements and transmission of
Orders to the relevant Restaurant. The agreement with and services provided by the Restaurant to the
Customers are not part of the service of Takeaway.com.
Takeaway.com: Takeaway.com European Operations B.V. acting for itself and on behalf of any
corporate entity or person that controls, are controlled by or under the common control, directly or
indirectly, with Takeaway.com Group B.V.
2. Identity of Takeaway.com
Takeaway.com operating under the name of ‘Takeaway.com’:
Address principal place of business:
1011 DK Amsterdam
VAT no.: NL815697661B01
yd. yourdelivery GmbH
Am Karlsbad 16
Tel: 030 609 88 548 (available Mondays until Wednesdays from 10.00h until
23.00h. Thursdays until Sundays from 10.00h until 00.00h).
Fax: 0800 202 07 702
- The present General Terms and Conditions for Customers are only applicable to the Service.
- By placing an Order the Customer directly concludes an Agreement with the Restaurant for
delivery of the Offer selected by the Customer.
- Takeaway.com is not responsible for the Offer. As the case may be, the general terms and
conditions of the Restaurant shall be applicable to the Offer in addition.
4. The Offer
- Takeaway.com publishes the Offer on behalf of the Restaurants on the Platform, in
accordance with the Restaurant information supplied by the Restaurants. Takeaway.com does
not verify the accuracy or completeness of the restaurant information and is not responsible
for the performance of the Agreement.
- The Restaurant may use ingredients and additives of meals and drinks, that could cause
allergies and intolerances. If a Customer is allergic to any foodstuffs, we advise to contact the
Restaurant by telephone for current allergen information before placing an Order.
5. The Agreement
- The Agreement is effective as from the moment the Customer finalizes the Order by clicking
the 'Buy now' button at the end of the the process of placing an Order through the Platform.
- After receipt of the Order, Takeaway.com will electronically confirm the Order to the Customer.
- The Agreement can only be executed by the Restaurant if the Customer provides correct and
complete contact and address information when placing the Order. The Customer is obliged to
immediately report any inaccuracies in the (payment) data supplied or mentioned to
Takeaway.com or the Restaurant.
- The Customer is required to be available by telephone or email (as indicated when placing the
Order) for both the Restaurant and Takeaway.com for information on the status of his Order.
- If the Customer decides to have the Order delivered, the Customer must be present at the
delivery address indicated by the Customer in order to take receive the Order items.
- If the Customer decides to collect the Order, he should be present at the selected time at the
collection location of the Restaurant, as indicated in the confirmation email, text message or
on the Platform.
- Upon delivery of the Order, the Restaurant could ask for identification if the Order contains
alcoholic products or other products with an age limit. If the Customer cannot identify himself
adequately or does not meet the minimum age requirements, the Restaurant will refuse to
deliver the relevant products to the Customer. In this case, cancellation costs equal to the
purchase price (excluding VAT) for the product with age limit may be charged to the
- Takeaway.com does not accept any liability relating to the execution of the Agreement.
6. Dissolution of the Agreement and cancellation of the Order
- The Restaurant is entitled to cancel the Order, e.g., if the Offer is no longer available, if the
Customer has provided an incorrect or inoperative telephone number or other contact
information, or in case of force majeure.
- If the Customer places a false Order (for example by providing incorrect contact information,
by not paying or by not being present on the delivery or collection location in order to receive
the Order) or otherwise fails to comply with his obligations pursuant to the Agreement,
Takeaway.com shall be entitled to refuse any future Orders from such Customer.
- Takeaway.com is entitled to refuse Orders and cancel Agreements on behalf of the
Restaurant, if there is reasonable doubt about the correctness or authenticity of the Order or
contact information. If Takeaway.com cancels an Order that has already been paid for,
Takeaway.com shall transfer the paid amount into the same account as from where the
payment has been made. If the Customer places Orders that appear as false or fraudulent,
Takeaway.com may report this to the police.
- The Customer cannot revoke an Order with the Restaurant, as far as the delivery of goods is
- which are not prefabricated and for the production of which an individual selection or
determination by the consumer is decisive or which are clearly tailored to the personal
needs of the consumer (§ 312g (2) no. 1 BGB);
- which can spoil quickly or whose expiry date would be exceeded quickly (§ 312g para. 2
no. 2 BGB);
- which for reasons of health protection or hygiene are not suitable for return if their seal has
been removed after delivery (§ 312g para. 2 no. 3 BGB);
- if these were inseparably mixed with other goods after delivery due to their nature (§ 312g
para. 2 no. 4 BGB).
- For the part of the order which does not fall under the exclusion facts mentioned above, the
Customer is entitled to a right of withdrawal insofar as the Customer is a consumer within the
meaning of § 13 BGB. "Consumer" is any natural person who enters into a legal transaction
for purposes which are predominantly neither commercial nor self-employed.
Right of withdrawal
You have the right to cancel the contract with the Restaurant within fourteen days without
giving any reason.
The cancellation period is fourteen days from the date on which you or a third party named by
you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must send a clear statement (eg a letter, fax but
preferably an e-mail) to Takeaway.com (yd yourdelivery GmbH, Am Karlovy Vary 16, 10785
Berlin, email@example.com, fax: 0800 202 07 702) about your decision to cancel the
Agreement. You can use the attached model withdrawal form, which is not required.
In order not to exceed the cancellation period, it is sufficient to send the notification of the exercise
of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you revoke the Agreement, the Restaurant has to return all your payments, including
delivery costs (except for the additional costs that result from you selecting a different type of
delivery than the most favourable standard delivery offered by us), immediately and no later
than fourteen days from the day on which the notification of your cancellation of the contract
has been received by us. For the repayment, the Restaurant uses the same means of
payment that you used in the original transaction, unless otherwise agreed with you; In no
case will you be charged for repayment fees.
The Restaurant may refuse to repay until it has received the goods back or until you have
provided proof that you have returned the goods, whichever is the earlier.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a
handling that is not necessary for the examination of the nature, characteristics and
functioning of the goods
Model withdrawal form
(If you want to cancel the Agreement, please fill out this form and send it back to
- to yd. Yourdelivery GmbH, Am Karlsbad 16, 10785 Berlin, firstname.lastname@example.org,
Fax: 0800 202 07 702
- I / we (*) hereby revoke the Agreement concluded by me / us (*) for the purchase
of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- name of the consumer (s)
- address of the consumer (s)
- Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate.
- At the moment the Agreement is concluded in accordance with the provisions these General
Terms and Conditions for Customers, Customer is obliged to pay the Restaurant for the Order.
The Customer may fulfil this payment obligation by using an online payment method through
the Platform or by payment to the Restaurant at the door or at the collection location.
- Subject to the provisions of these General Terms and Conditions for Customers, the (partial)
reimbursement of an online payment shall only be possible if the Order cannot be delivered
(entirely). The reimbursement shall always be made into the same account as the one from
which the payment has been made.
- The Restaurant has authorized Takeaway.com to accept the Customer’s online payment on
behalf of the Restaurant.
9. Complaints settlement
- Complaints from the Customer about the Offer, the Order or the performance of the
Agreement, are to be filed with the Restaurant. The sole responsibility for the Offer of the
Restaurant and the performance of the Agreement lies with the Restaurant. Takeaway.com
may only assume a mediating role.
- If the Customer has a complaint as regards the Service, the complaint is to be communicated
by means of the contact form, by email or ordinary mail to the Takeaway.com customer
service, at the contact address as indicated in article 2 of the present General Terms and
Conditions for Customers.
- Once the complaint has been received by Takeaway.com, the latter shall react as soon as
possible, but not later than within one week, with a confirmation of receipt. Takeaway.com
aims to handle the complaint as soon as possible, but not later than within two weeks.
- Complaints as described in sections 1 and 2 of this article must be filed promptly within due
time after the Customer has detected the shortcomings, be fully and clearly described and
filed with the respective Restaurant (section 1) or Takeaway.com (section 2).
- The European Commission manages an ODR platform. This platform can be found on
http://ec.europa.eu/odr. Takeaway.com explicitly excludes the use of any Alternative Dispute
Resolution as referred to in Directive 2013/11/EU. The email address of Takeaway.com is
- Takeaway.com is not willing or obliged to participate in dispute resolution procedures before a
consumer arbitration board.
- When placing the Order, the Customer may also subscribe to the Takeaway.com newsletter.
The Customer can unsubscribe from this newsletter through
https://www.lieferando.de/meinaccount/my-details or by contacting the customer service (see
'Correspondence Address' in article 2 of these General Terms and Conditions for Customers).
There are no other costs than the transmission costs according to the basic tariffs.
11. Reviews of the Restaurant
- Takeaway.com offers customers the opportunity to rate the performance of the Restaurant.
The customer's ratings must not be of radical, sexist, insulting, libelous or otherwise unlawful
content and should otherwise violate any third party rights (including intellectual property
- Takeaway.com may post reviews on the platform and remove them from the platform if the
ratings violate the aforementioned criteria.
12. Inspection and correction of stored personal data
- Takeaway.com shall process personal data relating to the Customer. The processing of
personal data is subject to the Privacy Statement.
13. Takeaway.com's liability
- Takeaway.com shall not accept any responsibility or liability for the contents of the Offer, the
Restaurant information on the Platform, and/or Platform availability.
- Apart from this, Takeaway.com is liable as follows:
- In the following cases Takeaway.com is liable in accordance with the statutory
provisions for reimbursement of expenses and damages (hereinafter referred to as
"Damages"): in case of liability under the Product Liability Act (Produkthaftungsgesetz), in
case of intent or fraudulent misrepresentation, in case of gross negligence, for injury to life,
body or health, upon acceptance of a warranty by Takeaway.com and in all other cases of
- Takeaway.com is also liable for the culpable violation of so-called cardinal obligations
for damages in accordance with the statutory provisions. Cardinal duties in this sense are
all obligations whose infringement jeopardizes the achievement of the purpose of the contract as
well as all obligations of which the fulfillment enables the proper execution of the contract and
on whose observance the restaurant may regularly rely. However, as far as the breach of a
cardinal obligation was only slightly negligent and did not lead to injury to life, limb or health,
claims for damages are limited in height to the typical foreseeable damage.
- Incidentally, claims of the Customer for damages against Takeaway.com - for whatever
legal reason, in particular for material defect, lack of rights and / or breach of other obligations
under the obligation or from a pre-contractual obligation (zBiSv § 311 Abs. 2 BGB) or from tort
by Takeaway. com, its legal representatives, employees or agents, from § 311 a BGB– are
- Insofar as the liability of Takeaway.com is limited or excluded according to the above
provisions, this also applies to the personal liability of the legal representatives, employees
and agents of Takeaway.com.
- A change in the burden of proof to the detriment of the Customer is not intended with the
- An exclusion or a restriction of claims of the Customer on default interest or on the lump sum
according to § 288 Abs. 5 BGB or on compensation of the damage, which is justified in costs
of the legal pursuit, is not intended with the above regulations.
- Claims of the Customer for damages expire conform their statutory time limitation.
- Exclusively the law of the Federal Republic of Germany, excluding the UN Sales Convention
- If any provision of these Terms and Conditions (or any part thereof) is ineffective, this shall
not affect the validity of the agreement between the customer and Takeaway.com regarding
the Service or Agreements.
- These General Terms and Conditions are written in multiple languages and all versions shall
have equal validity. If there is any conflict or inconsistency between the versions, the English
version shall be the governing and prevailing version.