FairMeals

Terms and Conditions

Important legal notice

The FairMeals website as well as mobile and tablet apps are published by:


Just B-D
A sole proprietorship of Dr. Christian Wimmler
Registered company number 245796
Registered office at
Friedrich-List Platz 1
D-04103 Leipzig
VAT number 90438016270

These Terms and Conditions as well as the Privacy and Cookies Policy constitute your agreement with Just B-D (if you are a gastronomy business owner accepting bookings through the FairMeals Site, these provisions also apply to you in addition to the General conditions of sale and use at the time of your registration). Read them carefully; these provisions bind you as soon as you use the FairMeals Site.


Attention: If you do not agree with all or some of these Terms of Use, you should not use the FairMeals Site.
This Terms and conditions are valid for users registering on or after the 25.05.2018 and replaces the Terms and Conditions from the 01.11.2017 for all existing users.

General Conditions of Use

Definitions

"Just B-D": means the company Just B-D sole proprietorship.

"FairMeals Site": refers to all web and mobile websites accessible at "https://www.fairmeals.com" and FairMeals mobile and tablet apps.

"User": means any individual over 18 years of age, capable of entering into contracts, who visits the FairMeals Site and/or has an account on the FairMeals Site and in the plural “Users”.

"Website Terms": refers to these general conditions of use and any special conditions of use.

"Gastro-business Content" : refers to elements of the gastronomy-business page provided to Just B-D by the gastro-business or which the gastro-business has authorised Just B-D to load onto the FairMeals Site, such as meals, prices, location, opening hours, payment methods and photos of the restaurant.

"User Content": refers to all the elements provided by the User on the FairMeals Site, including text, document, image, photo, review or right of reply.

Acceptance and modification of the Terms of Use

Just B-D provides the User a way to communicate orders (“Orders”) for meals (“Products”) to gastronomy-businesses (“Stores”) displayed on the FairMeals Site (the “Service”) in exchange for unconditional acceptance of these Terms of Use. The legal contract for the purchase of Products is between the User and the Store that the order is placed with.

This page sets out the terms and conditions ("Website Terms") on which we, Just B-D , provide our services through our FairMeals Site. Throughout the site, the terms "we", "us" and "our" refer to Just B-D. Please read these Website Terms carefully before ordering any products, as your purchase of any products offered on the FairMeals Site is subject to these Website Terms. By ordering products via the FairMeals Site (whether now or in the future), you agree to be bound by these Website Terms.

Just B-D reserves the right to amend these Terms of Use at any time, in whole or in part. It is therefore the User's responsibility to regularly consult the latest version of the Website Terms posted on the FairMeals Site. Users are deemed to accept this latest version upon each new use of the FairMeals Site. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only available in the English language.

Use of your personal information submitted via the FairMeals Site is governed by our Privacy Policy (Section II.) and Cookies Policy (Section III.).

For the avoidance of doubt, please note that references to the "FairMeals Site" in these Website Terms include any current or future version of the FairMeals Site through which you access our website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).

Attention: By accessing any part of the FairMeals Site, you indicate that you accept these Website Terms. If you do not agree with all or some of the general terms and conditions below, you are strongly recommended not to use https://www.fairmeals.com or FairMeals applications. You should leave the FairMeals Site immediately, and you will not be able to order any products through the FairMeals Site.

Date of Last Revision: November 1st, 2017

General Terms of Use

1. Website access and terms

1.1 Website access: You may access some areas of the Website without registering your details with us or making an Order. Most areas of the Website are open to everyone.

1.2 Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.

1.3 Revision of terms: We may revise these Website Terms at any time, in whole or in part. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through our Website.

1.4 Responsibility: You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Website Terms and that they comply with them.

2. Your status

2.1 Capacity and age: By placing an Order through the Website, you warrant that:

2.1.1 You are legally capable of entering into binding contracts; and

2.1.2 You are at least 18 years old.

2.2 Failure to comply with the above mentioned conditions will result in your order being rejected.

3. How to make an order and how it is processed

3.1 Compiling and submitting your Order: Enter your desired food/meal, Store name or location/postal-code, and a list with Stores that match your search criteria will appear. Once you have selected the Products you wish to order from the menu of your chosen Store and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the “buy”, “order now” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will start processing your Order and errors cannot be corrected. After placing an order you will receive a confirmation by e-mail or find it at ”my orders” in the Just B-D application.

3.2 Collecting your Order: It is important that you follow the specified time window for picking up your Products. The time window is set to be 4 hours from the time the Store announces its Products or until closure of the Store on that day. Check the Store profile for details about the opening hours. Information about the Store’s opening hours and the time window will be provided within the order confirmation. Upon arrival at the Store present your unique Order code (receipt in mobile application/e-mail on website) to the Store’s employee and make the payment to pick up your reserved Product. If you arrive at the Store too late the Store may be closed or the Product may have been disposed.

3.3 Sold out: A Store is listed as “sold out”, if it has actually sold out, if it is closed on that day, if it does not sell surplus food that day or if it has agreed to be part of the concept but has not yet started.

3.4 Amending or cancelling your Order: Once you have submitted your Order, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraph 3.5 for details of the process relating to rejected Orders) unless the Store confirms your request in time. In order to do so you need to amend or cancel your order at least 2 hours before the window for pick up closes. If you wish to change or cancel your Order, you may contact our Customer Care team as described in paragraph 5.3 and they will attempt to contact the Store in order to communicate your requests. However, there is no guarantee that we will be able to reach the Store or that the Store will agree to your requests as they may have already started processing your Order.

3.5 Processing your Order and Store rejections: On receipt of your Order, we will begin processing it by sending it to the Restaurant and will notify you by email and through our Just B-D application (section of “my orders”) that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation email that you may receive, each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Store. We encourage all our Stores to accept all Orders and to communicate any rejection promptly, so that we can notify you (generally by email) as soon as reasonably practicable if a Store rejects your Order. However, Stores have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. If a Store rejects more than 3 orders without any clear explanation it will be temporarily blocked by our system until this situation has been investigated and resolved.

3.6 If you do not pick up your Order: If you do not pick up your Order on time, Just B-D is entitled to sell the Product to another party, without any liability to you. Since the payment is done at the Store, Just B-D will not reimburse Orders for late or missing pick up. However, if a customer fails to pick up its Orders for more than 3 times, the customer’s account will be temporarily blocked until the situation has been investigated and resolved. We encourage all our customers to provide written explanation if they can or could not pick up their Order. You may contact our Customer Care team as described in paragraph 6.3 and they will help you to resolve this matter.

4. Price and payment

4.1 Payment methods: Payment for Orders must be made to the Store by an accepted credit or debit card, by Paypal or in cash. Card or Paypal payments will be listed on your account as going to the Store you placed your order with. The different payment methods that are available at each Store are indicated prior to reserving a Product. They can also be found at all times on the Store’s profile. By making a reservation Customers are accept to pay their order with any of the payment methods offered by the Store.

4.2 VAT and payment administration fees: Prices will be as quoted on the Website. These prices include VAT but may exclude any online payment administration charges (if you pay for your Order online; i.e. Paypal). These will be added to the total amount due where applicable.

4.3 Incorrect pricing: Due to the large number of Products listed on our Website some Products may include incorrect prices. If the correct price for an Order is higher in the Store than the price listed on the Website, the price for the reservation as made on the Website is applicable. If the correct price for an Order is lower in the Store than the price on the Website, than the lower price in the Store is applicable. In both cases of incorrect pricing notice will be provided to Just B-D and the prices will be updated immediately.

4.4 Card payments: Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.

5. Customer Care

5.1 General: Customer care is extremely important to us. Subject to paragraphs 5.5 and 10, our Customer Care Team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care Team by clicking or selecting the “Support”, “Help” or similar button.

5.2 Questions about your Order: If you have any questions or problems with your Order, you can contact our Customer Care Team as described above and we will attempt to resolve the issue and/or contact the Store in order to follow up on your query.

5.3 Cancelling or changing your Order: If you wish to cancel or change your Order after it has been submitted, you need to contact our Customer Care Team within the time limit described above in paragraph 3.2. We will then attempt to contact the Store in order to communicate your requests. However, there is no guarantee that we will be able to reach the Store or that the Store will agree to your requests as they may have already started processing your Order.

5.4 Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a Store, please consider providing feedback in the form of ratings, comments and reviews on the Website to reflect your experience. The Reviews are an important part of our quality control process.

5.5 Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Store and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact our Customer Care Team to lodge your complaint within 48 hours of placing your Order, and our Customer Care Team will attempt to contact the Store in order to request compensation on your behalf. Please note that we have no control over Stores and the quality of the Products or service that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Store.

6 Licence

6.1 Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:

6.1.1 You must not misuse the Website (including hacking or “scraping”).

6.1.2 Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 6.1 is prohibited.

6.1.3 You must not modify the digital or paper copies of any materials that you print in accordance with paragraph 6.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.

6.1.4 You must ensure that our status as the author of the material on the Website is always acknowledged and referenced.

6.1.5 You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.

6.2 Limitation on use: Except as stated in paragraph 6.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.

6.3 Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.

7. Service Access

7.1 Website availability: While we try to ensure the Website is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.

7.2 Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.

7.3 Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

8. Visitor material and reviews

8.1 General:

8.1.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, upload or transmit to the Website (including without limitation Reviews) (“Visitor Material”) will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

8.1.2 You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 8.2 to 8.3 below.

8.2 Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:

8.2.1 breaches any applicable local, national or international law;

8.2.2 is unlawful or fraudulent;

8.2.3 amounts to unauthorized advertising; or

8.2.4 contains viruses or any other harmful programs.

8.3 Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:

8.3.1 contain any defamatory, obscene or offensive material;

8.3.2 promote violence or discrimination;

8.3.3 infringe the intellectual property rights of another person or legal entity;

8.3.4 breach any legal duty owed to a third party (such as a duty of confidence);

8.3.5 promote illegal activity or invade another’s privacy;

8.3.6 give the impression that they originate from us; or

8.3.7 be used to impersonate another person or to misrepresent your affiliation with another person.

8.4 Removal of Reviews: The prohibited acts listed in paragraphs 8.2 and 8.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 8.2 or 8.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.

8.5 Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials

8.6 Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Store or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 8.

8.7 Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 8.2 or 8.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.

9. Links to and from other websites

9.1 Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you access these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

9.2 Linking permission: You may link to the Website's homepage (www.justb-d.com), provided that:

9.2.1 you do so in a fair and legal way, which does not damage or take advantage of our reputation;

9.2.2. you do not establish a link from a website that is not owned by you, or in a way that suggests a form of association with or endorsement by us where none exists;

9.2.3 any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews));

9.2.4 we have the right to withdraw linking permission at any time and for any reason.

10. Disclaimers

10.1 Website information: While we try to ensure, that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.

10.2 Allergy, dietary and other menu information: It is the Store that is responsible for providing this menu information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other menu information, you should confirm with the Store directly before ordering.

10.3 Store actions and omissions: The legal contract for the supply and purchase of Products is between you and the Store that you place your Order at. We have no control over the actions or omissions of any Stores. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:

10.3.1 We do not give any undertaking that the Products ordered from any Store through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.

10.3.2 Estimated times for collections are provided by the opening hours of the Stores. Neither we nor the Stores guarantee that Orders will be available for collection form the moment the Order is placed and within the estimated times.

10.3.3 We encourage all our Stores to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by e-mail) as soon as reasonably practicable if a Store rejects your Order. However, we do not guarantee that Stores will accept all Orders, and Stores have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.

10.3.4 The foregoing disclaimers do not affect your statutory rights against any Store.

10.4 Exclusion of terms: We provide you with access to the Website and Service on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise).

11. Liability

11.1 General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.

11.2 Exclusion of liability: Subject to clause 11.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:

11.2.1 any loss of profits, sales, business, or revenue;

11.2.2 loss or corruption of data, information or software;

11.2.3 loss of business opportunity;

11.2.4 loss of anticipated savings;

11.2.5 loss of goodwill; or

11.2.6 any indirect or consequential loss.

11.3 Limitation of liability: Subject to clauses 10, 11.1 and 11.2, our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of your Order or € 100.

11.4 Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

12. Termination

12.1 Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email or other durable media) if we believe in our sole discretion that:

12.1.1 you order products on purpose without actually picking them up;

12.1.2 you have used the Website in breach of paragraph 6.1 (Intellectual Property);

12.1.3 you have posted Reviews or other Visitor Material in breach of paragraphs 8.2 or 8.3 (Visitor Material and Reviews);

12.1.4 you have breached paragraph 9.2 (Links to and from other websites); or

12.1.5 you have breached any other material terms of these Website Terms.

12.2 Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

13. Written communications

13.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14. Events outside our control

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control (“Force Majeure Event”).

14.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

14.2.1 strikes, lock-outs or other industrial action;

14.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

14.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

14.2.5 impossibility of the use of public or private telecommunications networks; and

14.2.6 the acts, decrees, legislation, regulations, orders or restrictions of any government.

14.3 Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.

15. Additional terms

15.1 Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Website Terms below.

15.2 Other terms: You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the Website and Service, which are incorporated into these Website Terms below.

15.3 Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

15.4 Entire agreement: These Website Terms, and any document expressly referred to in them, constitute the whole agreement between you and us and supersede and replace all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

15.5 No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

15.6 Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

15.7. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

16. Governing law and jurisdiction

16.1 These Website Terms shall be governed by and construed in accordance with the laws of Germany. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Germany.