Terms and Conditions
Effective Date: May 25, 2022
§1 Scope
These Terms and Conditions apply to everyone with us, the company Wololo GmbH (hereinafter: “ChefCoco”), Rochstraße 14B, 10178 Berlin, trade name: ChefCoco, E-mail: support@chefcoco.com, authorised representative: Shaminder Dhillon and Max Marcuse and you as our customer contracts concluded via our website or via our application (hereinafter: “app”). The terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
All agreements made between you and us in connection with the contract result in particular from these conditions, our written order confirmation and our declaration of acceptance.
The version of the Terms and Conditions valid at the time the contract is concluded is decisive.
We do not accept deviating conditions from the customer. This also applies if we do not expressly object to the inclusion.
§2 Description of the Service and Conclusion of the Contract
ChefCoco is a weekly subscription food delivery service that operates with external restaurant providers and kitchen chefs to create meals for lunch and dinner, exclusively for out-of-home consumption. All meals we offer can be ordered via our ChefCoco app. A more detailed description of the ChefCoco service and information on system requirements is available at chefcoco.com.
ChefCoco provides the information about products and services, if applicable, in the app, including information on menus and product prices. The information on the delivery fee applicable at each time is provided in the app, at the checkout, as well.
You can order the ready made dishes through our website by downloading our app.
By submitting your order, you declare that you have reached the legally prescribed minimum age for the delivery of the ordered goods. You further declare that your information regarding your name and address is correct. The handover of the ordered goods to you or a person commissioned by you is only possible if the receiving person has provably reached the legally prescribed minimum age for handing over the ordered goods. According to Section 9 of the Youth Protection Act, the legal minimum age for the sale and delivery of beer, wine, sparkling wine or mixtures of beer, wine or sparkling wine with non-alcoholic beverages is 16 years. The legal minimum age to sell or dispense other alcoholic beverages is 18 years.
Upon ordering as well as when delivering or collecting orders containing alcoholic products or other products with an age limit, ChefCoco can, pursuant to applicable laws and regulations, ask the customer for identification. If the customer cannot identify himself adequately or does not meet the minimum age requirements, the alcoholic products of the order will not be delivered, and ChefCoco are also free to refuse the order in its entirety.
ChefCoco currently does not support allergies in its products. Please read the meal descriptions carefully to ensure that the meals meet your specific dietary requirements.
The presentation and advertising of articles in our app does not constitute a binding offer to conclude a contract.
By sending an order via the app by clicking on the button "Confirm & Pay" you place a legally binding order.
We will immediately confirm receipt of your order placed via our app by email. A contract is concluded and declared acceptable with us or or with the delivery of the ordered meals.
We will deliver the ordered meals to the address you have specified.
If delivery of the meals you have ordered is not possible, for example because the meals are out of stock, we will refrain from a declaration of acceptance. In this case, a contract will not be concluded. We will inform you of this immediately and refund any advance payment already made.
§3 Delivery and delivery periods
The delivery time is chosen and accepted by you beforehand. ChefCoco offers delivery windows between 8:00 AM and 1:00 PM (Monday to Fridays, excluding Saturdays and Sundays and public holidays) in 30 minute time slots. Therefore, the delivery time of the meals is usually a maximum of 30 minutes, unless otherwise agreed. It begins with the conclusion of the contract.
Any delivery time or pick-up time or other time estimate communicated to the customer by ChefCoco are only estimated times. There is no guarantee that the order will be delivered or available for collection or consumption at the estimated time. Time estimates may also be affected by factors that are beyond ChefCoco’s control, such as traffic jams, rush hours and weather conditions. If the delivery time deviates from the agreement, you will be shown the delivery time as part of the ordering process for the respective meal.
In the delivery included, are containers for the purpose of storing the meals. Containers must be returned to ChefCoco within a period of 14 days.
Containers, which were not returned within the 14 days-period, will result in a charge to the specified payment method of €9.99/container.
§4 Prices and Delivery Charges
All prices in our app are gross prices including the statutory sales tax and do not include any delivery fees.
The delivery costs are specified in our price information in our app. The price including sales tax and applicable delivery charges is also displayed on the order screen before you submit the order.
If we fulfil your order with partial deliveries, you will only incur delivery costs for the first partial delivery. If the partial deliveries are made at your request, we will charge delivery fees for each partial delivery.
If you revoke your contractual declaration effectively, you can, under the legal requirements, request reimbursement of costs already paid for the delivery to you (delivery costs).
Discounts and special offers presented in advertising material are for personal use only and not for commercial applications. For commercial use at discounted prices please reach out to our team at support@chefcoco.com. Commercial use is regarded as more than 2 meals / day and ChefCoco retains the right to cancel or charge the difference between personal and commercial pricing on a ad-hoc basis.
§5 Terms of payment, offsetting and the right of retention
The agreed remuneration for ordered meals as well as the delivery costs are to be paid immediately and you can choose to pay with the payment options we offer.
You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notifications of defects or counterclaims from the same contract.
As a customer, you may only exercise a right of retention if your counterclaim stems from the same contract.
§6 ChefCoco Discounts
You can obtain ChefCoco credits or tokens e.g. by inviting new users to sign up to the ChefCoco platform. You can use the obtained ChefCoco credits and tokens to get a discount on the purchases made through ChefCoco.
ChefCoco offers each user a personal referral code. A new user signing up to the ChefCoco platform is granted credits or tokens when using such personal referral code when registering to ChefCoco for the first time.
Further information on the use of the personal referral code can be found in the account settings in your user profile of the ChefCoco app.
ChefCoco may unilaterally determine the conditions applicable to the granting, use and validity of the ChefCoco credits and tokens.
Any signing-up bonus credits or tokens can be used only once.
ChefCoco credits and tokens cannot be exchanged for cash.
The ChefCoco credits, tokens and personal referral codes will be nullified if ChefCoco detects any abuse of them or suspects that the ChefCoco credits, tokens or personal referral codes have been granted on incorrect grounds or used in violation of these Terms and Conditions. In such cases, ChefCoco shall be entitled to invoice the amount that was paid using such ChefCoco credits, tokens or personal referral codes to the user (meaning the amount of the discount provided). In addition, ChefCoco reserves the right to exclude respective users from the future use of credits, tokens or personal referral codes.
§7 Retention of title
The delivered meals remain our property until the agreed price has been paid in full.
§8 Liability
ChefCoco shall be liable to you in case of intent and gross negligence in accordance with the statutory provisions.
In other cases ChefCoco shall be liable - unless otherwise regulated in §8 sect. 3 - only in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you as a customer can regularly rely (so-called cardinal obligation or “Kardinalpflicht”), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in §8 sect. 3.
Our liability for damages resulting from injury to life, body or health and under the German Act on Product Liability (“Produkthaftungsgesetz”) remains unaffected by the above limitations and exclusions of liability.
§9 Applicable Law and Place of Jurisdiction
The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in §9 sect. 1 sent. 1.
If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.
§10 Additional Provisions for use of the ChefCoco Service
ChefCoco is constantly developing the service and ChefCoco may change or remove different parts of the service, including features and the partner’s meals available in the ChefCoco service in part or in whole.
§11 Complaints
If there are any defects in the (delivery of the) order, you may contact the customer service of ChefCoco through the in-app customer support chat or at hello@chefcoco.com.
If you have discovered shortcomings in the performance of the Purchase Agreement you may submit any complaints to ChefCoco, with clear descriptions of the experienced shortcomings.