GENERAL TERMS AND CONDITIONS OF BUSINESS (T&Cs)

GENERAL TERMS AND CONDITIONS OF BUSINESS (T&Cs) of Primus Service GmbH, Cologne

I. General

The following terms and conditions apply to all delivery service orders placed online with Primus Service GmbH, Unnauer Weg 5—7, 50767 Cologne, Germany. Primus Service GmbH provides these services solely on the basis of these General Terms and Conditions of Business, which the customer is deemed to accept by placing an order. Should the customer have contractual terms which vary from these T&Cs, these shall not be valid.

II. Business Activity

Primus Service GmbH is an online pre-ordering service for so-called DailyBoxes (hereinafter referred to as the “Food Box”), which customers can assemble and put together themselves online from a range of fresh dishes such as lunches, salads, snacks, desserts, and drinks that are presented there. These usually change on a daily basis and may vary by location. Some of the dishes are freshly prepared and can be ordered while stocks last. If the place of delivery is within the delivery area of Primus Service GmbH, the orders can be delivered to the customer; otherwise, the customer can always collect the orders from the respective Primus Service GmbH branch.

III. Contractual Conclusion

  1. The offers advertised on the website, on flyers, or on social media channels of Primus Service GmbH represent an invitation to the customer to make a concrete offer to buy (order) by placing an order. For the purpose of ordering and allocating the order, the customer shall set up a customer account with Primus Service GmbH in which his or her name and contact details and, where relevant, the place of delivery for the Food Box are recorded (known as registration). Primus Service GmbH is entitled to accept the order either in text form or by effecting a delivery.

  2. Registration does not entail a minimum contract term, nor are any registration fees incurred; the customer pays exclusively for the Food Box(es) he or she orders and any applicable delivery charge (cf. clause IV).

  3. Customer orders may only be placed via the registered customer account. Primus Service GmbH shall confirm receipt of orders by sending an email to the registered email address without undue delay. The confirmation of receipt does not constitute a binding acceptance of the order; however, it may be combined with a declaration of acceptance.

  4. The products and dishes depicted on the website, on flyers, or on social media channels are examples of the changing Food Box range available from Primus Service GmbH. The construction, design, and color of the Food Boxes that can be ordered may vary. Primus Service GmbH guarantees consistently high-quality, fresh produce at all times.

  5. Customer orders will be processed in the sequence in which they are received during the business hours of Primus Service GmbH, unless a different approach is necessary for operational reasons.

  6. The minimum order value and delivery costs depend on the distance between Primus Service GmbH and the place of delivery. For further details, please refer to the online order form during the specific ordering process.

  7. On delivery, the customer will receive an invoice for the total cost of his or her order.

IV. Delivery and Availability of Goods

  1. Primus Service GmbH shall make deliveries while stocks last.

  2. Both the preparation of the Food Box and the delivery shall be performed at the selected delivery time or, if no specific delivery time was selected, then as quickly as possible. Any information about the delivery period and/or a delivery time, including any expected delivery times, shall be non-binding unless the delivery period and/or delivery time have been expressly confirmed in writing by Primus Service GmbH in exceptional cases. The same applies if the Food Box was ordered for collection. This also applies to orders to be delivered at a specific time, the binding nature of which must be confirmed expressly and in writing by Primus Service GmbH.

  3. The delivery shall be performed exclusively within the delivery area published on the website, unless Primus Service GmbH expressly confirms in writing that it will make a delivery outside this delivery area.

  4. The Food Box prices are gross prices and, in the case of delivery, are stated net of the delivery charges set out in the order.

  5. The purchase price is payable in cash on the handover of goods or online via an immediate bank transfer, PayPal, or credit card at the point of ordering.

  6. If customers cannot be reached at the agreed or expected delivery time in the case of delivery of the Food Box, Primus Service GmbH reserves the right to assert claims for damages. Such claims may arise in particular if a delivery cannot be made for reasons within the customer’s control (example: an incorrect delivery address was provided, or the doorbell was defective).

  7. Should the customer cancel the Food Box at short notice and such cancellation be received 30 minutes before the agreed or expected delivery time, Primus Service GmbH reserves the right to retain 100 percent of the purchase price. The customer is entitled to provide evidence that Primus Service GmbH has not sustained any loss.

V. Amendment of the Offering

Primus Service GmbH reserves the right to alter, suspend, or discontinue its offering temporarily or permanently with or without notifying the customer. Primus Service GmbH shall have no liability towards the customer in this respect.

VI. Retention of Title

The delivered Food Box shall remain the property of Primus Service GmbH until it has been paid for in full.

VII. Liability for Defects

  1. Primus Service GmbH assumes no quality guarantee or any other guarantees.

  2. The customer shall check the goods for external damage and patent defects on receipt and, where relevant, lodge a complaint without undue delay. If damage and/or losses occur during transport, the driver shall notify the customer directly and without undue delay and shall notify Primus Service GmbH simultaneously.

  3. If the supplied goods are defective, the customer may demand supplementary performance by way of a replacement delivery. If the supplementary performance is unsuccessful, the customer may rescind the purchase contract, reduce the purchase price, or claim compensation. Any further claims on the part of the customer—irrespective of the legal grounds—shall be excluded, unless contradictory provisions are included below.

  4. Primus Service GmbH shall not be liable for any damage that does not directly affect the item supplied.

  5. Where the liability of Primus Service GmbH is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents of Primus Service GmbH.

  6. The above (clauses 4—5) limitations of liability shall not apply where the damage is caused by willful intent or gross negligence or the customer has suffered death, personal injury, or harm to health. The limitation of liability shall further not apply if the customer is entitled to bring claims under Art. 1 and 4 German Product Liability Act (Produkthaftungsgesetz).

VIII. Data Protection

  1. The customer data stored by Primus Service GmbH pursuant to clause III. 1.) contains the name of the customer, his or her address and delivery address if different, a telephone number, and an email address.

  2. By placing the order, the customer gives his or her consent to the internal processing of the stored customer data by Primus Service GmbH for the purpose of order fulfilment. The customer may object to this use of data at any time by sending an email to kommunikation@primus-service.de. Order fulfilment is not possible if an objection is made. No customer data will be shared with third parties for the purposes of market analysis or personalized advertising without the prior consent of the customer in question. 3. The full Privacy Policy can be found at: https://daily-box.de/datenschutz.

IX. Disclaimer

Primus Service GmbH assumes no liability for linked external websites. This applies to all content and services listed there and all additional features offered.

X. Right of Cancellation

  1. The customer may cancel the order placed with Primus Service GmbH provided the order was not for goods
  • that are not prefabricated and the production of which is governed by an individual choice of or decision by the consumer, or that are clearly tailored to the personal needs of the consumer (Art. 312g[2][1] German Civil Code [BGB]);
  • that are highly perishable, or which may quickly pass their expiration date (Art. 312g[2][2] BGB);
  • that are not suitable for return for health protection or hygiene reasons, if the seal on such goods was broken after delivery (section 312g[2][3] BGB);
  • that, due to their nature, were inseparably mixed, after delivery, with other items (section 312g[2][4] BGB).
  1. If the customer is a consumer within the meaning of Art. 13 BGB, the customer has a right of cancellation concerning the part of the order that does not fall under the above exclusions. A “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business, or profession.

**Information about Your Cancellation Rights

Right of Cancellation

You have the right to cancel this contract within fourteen days without providing reasons. The cancellation period is fourteen days from the day on which you—or a third party nominated by you who is not the carrier—took receipt of the goods.

To exercise your right of cancellation, you must notify Primus Service GmbH (Primus Service GmbH, Unnauer Weg 5—7, 50767 Cologne, Germany, telephone: +49-221-977-070, email: kommunikation@primus-service.de), submitting an unambiguous declaration (e.g. a letter sent by regular mail, fax, or email) about your decision to cancel this contract. You can use the sample cancellation form for this purpose, although this is not a requirement.

To meet the cancellation deadline, it is sufficient that you send the notification of the right of cancellation before expiry of the cancellation period.

Consequences of Cancellation

If you cancel the contract with Primus Service GmbH, Primus Service GmbH is required to refund to you all payments that it has received from you, including delivery costs (with the exception of the additional costs arising from your having chosen a different method of delivery than the most cost-effective standard form of delivery offered by us), without undue delay and no later than within fourteen days of the day on which the notification of the cancellation of the agreement is received by Primus Service GmbH. Primus Service GmbH will issue a refund to the same form of payment that you used for the original transaction, unless a different arrangement has been expressly agreed with you; under no circumstances will you be charged any fees for this refund.

Primus Service GmbH can refuse to issue the refund until it has received the goods or until you have provided proof that you have returned the goods, whichever comes first.

You are responsible for the direct costs for returning of the goods.

You will only be required to pay for any loss of value of the goods if this loss of value is attributable to non-essential handling of the goods to inspect the composition, qualities, and function of the goods.

Sample Cancellation Form

(If you would like to cancel the contract, please complete this form and return it to Primus Service GmbH.)

To Primus Service GmbH, Unnauer Weg 5—7, 50767 Cologne, Germany; kommunikation@primus-service.de, fax: +49-221-9770-7123

I/we hereby cancel () the contract entered into by me/us () for the purchase of the following goods ()/ provision of the following service ()

Ordered on ()/received on ()
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if submitted in hard copy)
Date
(*) Delete as applicable

XI. Alternative Dispute Resolution

Primus Service GmbH is not prepared or willing to enter into dispute resolution proceedings before a consumer arbitration board.

XII. Closing Provisions

  1. Any amendments, addenda, and supplementary agreements must be made in writing to be effective and must be expressly marked as such. The same shall also apply to any waiver of or alterations to this requirement for the written form.

  2. If the parties have not actually agreed a point on which agreement is required, Primus Service GmbH shall rectify the omission at its discretion in consideration of each side’s interest, taking account of and by way of supplement to the agreement already reached.

  3. The laws of the Federal Republic of Germany shall apply exclusively. The place of jurisdiction for disputes with commercial parties and the place of fulfilment is Cologne.

  4. Should individual provisions be or become void or invalid, this shall have no bearing on the validity of the remainder of the T&Cs.

Last revised: February 2022