GENERAL TERMS AND CONDITIONS
Welcome to Foozo. This page (together with the documents referred to in it) tells you the terms, which apply when ordering any menu article, from our foozo.lu website or mobile application and related services.
Please read these terms carefully before ordering any Items from our application. If you have any questions relating to these terms, please contact email@example.com before you place an order. If you are a consumer, you have certain legal rights when you order Items using our shop or application, and your legal rights are not affected by these terms, which apply in addition to them and do not replace them. By setting up your Foozo account, you confirm that you accept these terms.
1. PARTY IN CHARGE
1.1. Grouplunch Luxembourg S.à r.l is a company organized under the laws of Luxembourg, registered under RCS B 210936 with its official VAT number LU 29131417, with its officially registered address at 7 Rue de Bitbourg, L-1273 Luxembourg.
1.2. Grouplunch operates under the name “Foozo” and provides users with a system to communicate their orders to restaurants or producers, which appear on its website, as well as to deliver such orders to the selected address. Foozo moreover offers other corporate services related to food supply and consumption at the office.
2. ACCESS TO THE SITE AND TERMS AND TERMS OF SERVICE
2.1. Access to the site: it is possible to access certain parts of the site, even without placing an order or registering your data. Most parts of the site are accessible to everyone.
2.2. Acceptance of the site’s terms of service: browsing the site implies acceptance of the site’s terms of service. Visitors and users of the site who refuse to accept the site’s General Terms and Conditions will not be able to order through the site.
2.3 Changes to the site’s terms of service: Foozo has the right to change these site’s terms of service at any time. It is therefore recommended that you periodically review the site’s terms of service as they are binding on users and visitors to the site. Visitors and users of the site are required to comply with the policy and discipline in effect at the time they place an order.
2.4 It is the responsibility of visitors and users of the site to take the necessary steps to access the site. In addition, visitors and users of the site are responsible for ensuring that all persons accessing the site through their internet connection are aware of and comply with these site terms of service.
3. SITE USER STATUS
3.1 Legal capacity and age: by placing an order through the website, the user warrants that he/she:
3.1.1. he/she has the capacity to act and to enter into legally binding contracts; and
3.1.2. to be over 18 years of age.
3.2. Alcoholic beverages: the user agrees and declares that:
3.2.1. it is an offense under the law for a person under the age of 18 to purchase or attempt to purchase alcoholic beverages, and it is an offense for an adult to purchase or attempt to purchase alcoholic beverages on behalf of a person under the age of 18.
3.2.2. Thus, orders containing alcoholic beverages cannot be accepted from a minor or for a minor under 18. The Foozo driver may refuse to deliver any age restricted product to any person who does not look 18 unless they can provide valid photo ID proving that they are aged 18 or over (as applicable). The driver may also refuse to deliver any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs. If delivery of an age restricted product is refused, the client will still be charged for the relevant product and for its delivery.
4. ORDERS AND MODIFICATIONS OF ORDERS
4.1. Before users can place orders for Items using the foozo site or application, users need to open a Foozo account. For opening an account, a password, or another secure login method must be chosen. Users are advised to keep any created password, or other secure login method, secret, and prevent others from accessing the same email account or mobile phone. If another person uses these methods to access the same account, the account holder will be responsible to pay for any Items ordered and Foozo is not responsible for any other losses suffered, unless the person using the same password obtained it because we did not keep it secure. After selecting the products, the client wishes to order from the range of all products displayed on the site, and after having successfully registered an account including the necessary validation of the email address or telephone number, the user can place the order by first selecting the date of the order and in a subsequent step to provide the correct address of the order for delivery. It is important to check all the information provided and correct any errors before clicking the order button as an order cannot be changed after the order has been finalized. Users may close their account at any time by requesting to do so by directly contacting us using our current contact details of section 15 on this page. We may suspend a user’s access to his account, or close it permanently, if we believe that the account has been used by someone else. We may also close the account if in our opinion the user is abusing our service (for example but not limited to, by applying for refunds or credit to which we do not consider the user entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason).
If we close a user’s account permanently, we will refund any remaining account credit of the user validly obtained from our customer service team or application following any issue with an order, by applying a credit to the users registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided the user has supplied them to us)
4.2 Changing or canceling the order: Once the order has been submitted and payment has been authorized, it is no longer possible to change the order. The user must contact customer service by phone or email to request the modification or cancellation of the order. Same day cancellations are only accepted until 9:30am for Foozo lunch orders. After this time, no cancellations or changes are guaranteed and the full price of the order will be charged to the client. As the Items are liable to deteriorate or expire rapidly, the customer cannot withdraw from the contract for the supply of any Item after the delivery of the Item. Cancellations from Foozo’s site are executed only in the event that the production of the order item(s) should be impossible. In this case the client is informed immediately via email, telephone or SMS and the order will be subsequently refunded.
4.3. If the payment authorization is not granted, the order will not be communicated to the restaurant and is therefore canceled. An automatic e-mail is sent to the user’s inbox when the order has been successfully placed and communicated to the restaurant or its producer.
4.4 Preparation of the order and refusal of the order by the restaurant: upon receipt of the order, Foozo will transmit the details of the order to the various restaurants and inform the user by email of the successful transmission of the order. It is specified that the confirmation, which the user can view on the site or the confirmation of the order that the user receives by email or SMS, only indicates that the user’s order has been received and is being transmitted by Foozo but does not necessarily indicate that the order has been accepted by the restaurant. Foozo encourages all its restaurants and partners to manage the availability of all their items in advance but cannot guarantee to not cancel an order after the restaurant has informed Foozo of the impossibility to produce certain items, which have already been ordered. The user will be contacted either by email, SMS or telephone, and Foozo will endeavor to keep these incidences exceptional. The client is responsible for paying for all items ordered using his/her account, and for related delivery charges, and for complying with these terms, even if he/she has ordered the item for someone else. All items are subject to availability.
Partner restaurants may use nuts or other allergens in the preparation of certain items. We demand partners to supply all information in advance in order to add all details to the description of each order item on Foozo but the client is urged to contact our partner restaurant prior to ordering if he/she has an allergy. Foozo cannot guarantee that any of the items sold by our partner restaurants are free of allergens
4.5. Delivery of the order: The estimated times for delivery of food orders are indicated on the website as well as upon reception of the order confirmation via email. Foozo has arranged with a fleet of vehicles and drivers to deliver before the deadline. However, it is possible that orders may arrive later than the stated deadline due to various factors such as weather or traffic conditions, technical problems, or force majeure. In such cases, Foozo will endeavor to inform users as soon as possible by e-mail, telephone, or SMS.
Clients will still be charged for the order item in the event of a failed delivery if clients have caused such failure for any reason. Reasons that might cause a delivery to fail include (but are not limited to):
Clients do not come to the door, do not pick up the phone when Foozo’s drivers contact the client using the contact information the client has provided us and/or clients pick up the phone but then fail to provide access within a reasonable amount of time, and the driver is unable to find a safe location to leave the food.
The driver refuses to deliver the Item to the client in accordance with section 3 (age restricted products).
In the event of a failed delivery, the driver may choose to either leave ordered items in a safe place or dispose of them responsibly.
5. ARTICLE PRICES AND PURCHASE TRANSACTIONS
5.1. The prices of all articles, visible on the site, are inclusive of all taxes and charges. Users engaging in this web shop’s services, confirm that they are using this service for personal, non-commercial use. Delivery charges may apply under certain conditions. During the ordering process, all charges will be visible and must be verified by the user before the order is executed. Foozo may operate dynamic pricing some of the time, which means that prices of items may change while clients are browsing. Prices for items can change at any time at the discretion of the internal administration. We also reserve the right to charge a service fee, which may be subject to change, for the provision of our services. You will be notified of any applicable service fee and taxes prior to purchase on the website’s checkout page or on our application. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. The total price of each order will be set out on the checkout page of Foozo’s web shop or application, including the prices of items and applicable service fees and taxes.
5.2. This website contains many items from different suppliers, and it is possible that some of them contain incorrect prices. If the exact price of the order is for example higher than the price indicated on the website due to a technical error, the user can contact Foozo by e-mail or telephone and in case of such an error the difference will be refunded to the user’s account.
5.3. Foozo accepts various methods of payment, such as credit/debit card, payment by bank transfer, Payconic and, in case an agreement exists between the user’s company and Foozo, also lunch vouchers and cash payment.
5.4. In the event of a refund or cancellation after payment of an order by credit/debit card and in accordance with normal banking procedures, the bank or company that issued the credit card will initially reserve the total amount of the order of the user’s current account for a period of between 3 and 5 business days. The amount will therefore no longer be available on the user’s account for the duration of the mentioned period although a successful cancellation or refund has already been granted. The user therefore acknowledges the fact, and agrees, that neither Foozo nor the Restaurant concerned shall be liable to the user for the delay of the refund or cancellation amount on the side of the user for the above-mentioned reasons.
6. CUSTOMER SERVICE
6.1. Foozo’s customer service is generally available during weekdays (Monday to Friday) from 8:00 AM until 4:00 PM. For evening deliveries, customer service is available via telephone during weekdays and Saturday from 6:30 PM until 8:30 PM. The service will assist users with any challenges linked to the service or general questions. To reach the customer service, the user must use the contact information on the bottom of the website foozo.lu and choose his preferred form of contact.
6.2. Modification or cancellation of the order: if the user wishes to modify or cancel his order after it has been sent and his payment has been authorized, he/she has the option to contact the Foozo customer service, as described above, and the latter will attempt to contact the restaurant to communicate the requests of the customer. Generally, orders can be canceled until 9:30 AM in the morning and after that time no cancellation or modification can be guaranteed. Foozo however will contact the restaurant or producer in any case and will communicate the result to the user.
6.3. In case the user wishes to leave a direct review, he can do so in the section “My orders”. Furthermore, the user can directly write a mail to the Foozo customer service, which will be treated by Foozo and handed over to the concerned restaurant or producer as well.
6.4. Compensation: In the event that the user is not satisfied with the quality of a product or the service provided and wishes to request a refund, a proportional reduction of the price or any other form of compensation, he must send an email to Foozo with a photo of evidence in order to proof a lack of quantity or quality to the production partner. Foozo’s customer service will treat the complaint directly and forward the email as well to the concerned partner. The outcome of the refund policy and solution will be communicated to the user per email and any sort of refund processed in the next 7 business days. Foozo is not reliable for the quality of its restaurant partners but only selects its partners due to a general level of professionalism and popularity. Therefore, Foozo will, at the best of its capacity, get in contact with a concerned production partner to find a solution. Foozo is responsible to the client for any loss or damage he/she suffers that is a foreseeable result of our breaking these terms or of failing to use reasonable care and skill in relation to the clients’ use of this service. Foozo is not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if the client told us that it might happen, for example if the client tells us about particular circumstances that might increase the loss or damage arising from our breach of these terms before he/she places an order. If Foozo’s or a partner restaurants’ responsibility is engaged, such responsibility is limited in total to the purchase price of the Item paid in the client’s order. These terms do not purport to exclude or limit our responsibility to the client for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by the responsible party’s failure to use reasonable care and skill; or for fraud or fraudulent misrepresentation.
7. PAYMENT MEANS AND RULES
7.1 Payment means: Different payment options are offered to clients by Foozo. The client acknowledges that it has no vested rights in any of the payment options offered by Foozo. Moreover, Foozo reserves the discretionary right to terminate one or more of the payment options offered.
Individual orders can be paid for: Via the SEPA direct debit system, by Visa/Mastercard (one-off payment by the client), by bank transfer or via Payconic.
And in case granted by Foozo and the client company, also via cash or food vouchers
18.104.22.168. Direct Debit or Sepa payments; The direct debit system (standing order) consists of an authorization given by the client to Foozo to automatically debit the amount of the invoice directly from the client’s bank account. The direct debit system requires the client to complete a standing order request form. This form is available on Foozo’s website under the section “My account”. In order for the direct debit system to be effective, the customer must provide personal information, in particular his surname(s) and first name(s), address and bank details. This form must be printed, sent, duly dated and signed, to Foozo’s official address.
By using the direct debit system, the client acknowledges that he accepts the principle that the amount of the invoice will be deducted directly from his bank account in favor of the company, subject to the authorization given by the client’s bank. If the bank refuses to pay the invoice, the client agrees to use one of the other payment options offered by the company.
The client undertakes to inform the company without delay if he unilaterally terminates the direct debit system.
22.214.171.124. Credit card (Visa/Mastercard) payments are accepted via the site. The client must indicate his card details and proceed with the payment. Foozo does not save nor see the card details, which are handled by Six payment services (Europe) S.A
126.96.36.199. Payments via bank wire are equally allowed. The amount of the outstanding balance or any other superior amount shall be transferred to:
Beneficiary: Grouplunch Luxembourg S.à r.l. BANK: BGL BNP Paribas
IBAN: LU43 0030 0495 3618 3000
BIC CODE: BGLLLULL
As a reference the users registered email must be indicated for the linking of the amount to the correct user account.
188.8.131.52 Lunch vouchers; Foozo accepts payments via lunch vouchers or cash only in the following cases:
1) By postal envoy to its official address: Grouplunch Luxmebourg S.à r.l., 7 Rue de Bitbourg, L-1273 Luxembourg, only via recommended mail. Foozo does not take responsibility for envoys sent via normal mail and advises clients to not send money or vouchers via unregistered postal mails.
2) By requesting a cash or letterbox from Foozo for the company. Both parties engage in an agreement over a time span of 6 months, renewed automatically for 6 months. The cancellation of the agreement must be done in writing at least 1 month before the 6 months have been reached. The monthly fee for the letterbox handling is 50 EUR excluding VAT. The letterbox is emptied every Thursday or Friday of the week and all client accounts shall be updated until Monday of the following week. Lost payments, in case proven to be effectively lost, shall be compensated by Foozo in this case. Foozo accepts the following meal voucher suppliers: Sodexo Pass (Lunch Pass), Edenred (Ticket Restaurant), Cargolux Airlines International S.A., Luxembourg (Cargolux Meal Voucher).
The customer is strongly encouraged to follow the recommendations made on the company’s website for payments by meal voucher: The customer is requested to staple the meal voucher(s) within a sealed envelope, indicate his/her email and optional order reference before depositing the envelope in the cashbox or before the postal envoy.
For cash payments: the client is requested to place the cash in an envelope, reasonably strong enough to persist its weight and material.
By choosing this option, the client acknowledges that he/she is solely responsible and will have to provide proof of payment in the event of a dispute. The unregistered postal envoy of lunch vouchers or cash does not constitute proof of payment and is made entirely at the client’s own risk.
Payment by lunch vouchers does not entitle the customer to any refund except in the case of a contractual cash/letterbox relationship or a postal envoy via registered mail.
184.108.40.206. Tracking payments or account balances; the customer has the possibility, 24 hours a day, 7 days a week, to log on to the website with his personal data and password to check his orders, payments, credits, or debits on his account by clicking on “my wallet” and then on “transactions” .
220.127.116.11. Refunding matters; if a customer pays more than the invoice amount, the balance of his/her personal account is credited towards a future order. The customer is not entitled to any interest on any positive balance. If the client wishes to recover any positive balance, he/she must send a request by e-mail to firstname.lastname@example.org, stating the private bank account coordinates (IBAN, BIC, surname, first name and address of the account holder) to which he/she wishes the positive balance to be paid. In the event of a refund, Foozo reserves the right to withhold the applicable bank charges, in particular in the event of a transfer to an account domiciled in a bank established outside the Grand Duchy of Luxembourg.
Payment by lunch vouchers does not entitle the client to any refund.
7.1.2. Orders for companies; company orders (meetings, cocktails, receptions, or other services) are invoiced to the company placing the order. Payment shall be made exclusively by bank transfer within the time limit stated on the invoice. Depending on the order’s financial amount, the company reserves the right to ask the company placing the order to pay a deposit.
7.1.3. In case of a payment default, Foozo intends to benefit from Article 12 of the law of 18 April 2004 on payment terms. (Art. 12. Claims resulting from contracts concluded between a professional and a consumer shall automatically bear interest at the legal rate from the end of the third month following receipt of the goods, completion of the work or provision of the services).
All costs relating to the recovery of the debt owed to the company shall be charged to the client under the conditions set out in point 7 of these General Terms and Conditions of Sale.
7.1.4. Payments of open amounts; the amount of the invoices is to be paid within the period communicated by e-mail. The payment of individual work orders is generally grouped in 7-day blocks.
7.1.5. Debt collection: costs relating to the collection of amounts due to the company shall be borne solely by the defaulting client. These costs include, but are not limited to
- The cost of reminder letters (€5.00 / per reminder letter),
- The cost of formal notices (€10.00 / per registered letter)
- The cost of administrative searches in Luxembourg and abroad (addresses, etc.) (5.00 € / search)
- The cost of a request for information filed with the competent justice of the peace, estimated at 30,00 €.
- The cost of an application for a payment order, estimated at € 75.00
- All costs incurred by Foozo for the recovery of the debt due (bailiff’s fees, lawyer’s fees, etc.).
Foozo reserves the right to require the client to provide additional documents (e.g., private address, private telephone number, etc.) to reduce the risk of non-performance of the contract.
8. LICENSE OF USAGE
8.1. Each user on Foozo is allowed to use the site even without being a registered user. He can print and download pages only if the purpose is non-commercial under the following conditions:
8.1.1. The user does not attempt to hack, scrape, or use the site fraudulently with the intention to illegally extract advantages from the service, such as placing false orders or indicating false information including emails, telephone, and address.
8.1.2. Copyright and other intellectual property rights relating to the site and material published on the site (including but not limited to photographs and graphic images) are the property of Foozo, its partners or the subjects licensed by Foozo. Such works are protected, and its protection is enforceable with all rights reserved. Therefore, with regards to the site, the use of elements extracted from the website in a manner different from that provided for in Article 8.1 is prohibited.
8.1.3. It is not permitted to use the material on the site or the site for commercial purposes without having obtained the license from Foozo.
8.1.4. Restrictions on use: Except as provided in paragraph 8.1, this site may not be used and no part of it may be reproduced or archived on any other website, nor may it be inserted into any other system or service, public or private, for the electronic retrieval of information without the prior authorization of Foozo.
8.1.5. Reservation of Rights: rights not explicitly granted in the present website are reserved.
9.1. Availability of the site: Although Foozo ensures that access to the site is normally available 24 hours a day, Foozo assumes no obligation to do so and is not liable to the user if the site, at any time or for any period, is not available. Foozo works with a range of selected but independent restaurant and production partners who might close their availability on Foozo for a predetermined or undetermined period of time due to their internal circumstances. We try our best to inform customers as soon as the information reaches us and make their menu unavailable for the demanded time period.
9.2. Suspended Access: Access to the site may be suspended at any time, even without notice.
9.3. Foozo endeavors to always ensure the highest standards of site and data security, to the extent of its powers as a service provider. Given the nature and constant developments of the Internet and technology sector in general, Foozo is not able to always guarantee a 100% secure website system but ensures that it has the necessary framework and tools in place to protect the site experience, shopping and data security.
10. VISITOR MATERIALS
10.1. General Provisions:
10.1.1. Any material that may differ from personally identifiable information that is governed by the Foozo Privacy Notice that is transmitted, published (posted) or uploaded by the user to this site (including, without limitation, any comments) is considered non-reserved and private to the owner (hereinafter “Visitor Material”). By posting, displaying, or transmitting Visitor Material, the user represents and warrants that the user owns or at least controls all rights to the Visitor Material. The user acknowledges and agrees that Foozo has no obligation with respect to the Visitor Materials and that Foozo or any person it has appointed to do so, is free to copy, communicate, distribute, or otherwise use the Visitor Materials and any information, images, sounds, text, or other things that may have been incorporated therein for any purpose whatsoever, commercial, or otherwise.
10.1.2. The user represents and warrants that the visitor material he/she publishes, uploads, or transmits to the site does not and will not violate any of the limitations set forth in successive paragraphs 10.2 and 10.3.
10.2. Visitor Materials Policy: Users may not post, upload, or transmit on the site any Visitor Materials (including comments) that are:
10.2.1. in violation of any applicable local, national, or international law;
10.2.2. unlawful or misleading;
10.2.3. equivalent to unauthorized advertising; or,
10.2.4. contain viruses or other harmful programs;
10.3. Visitor Feedback Policy: It is particularly forbidden to post comments on the site that;
10.3.1. contain defamatory, obscene or offensive material;
10.3.2. promote violence or discrimination;
10.3.3. violate the intellectual property rights of third parties;
10.3.4. are in breach of a possible legal obligation towards third parties (such as an obligation of confidentiality);
10.3.5. promote illegal activities or invades the privacy of third parties;
10.3.6. give the impression of coming from Foozo;
10.3.7. are used to represent other things or to transpose reality into a close relationship (motherhood/paternity) with another person.
10.4. Removal of comments: The list of prohibited acts set out in paragraphs 10.2 and 10.3 above is only an example and is not exhaustive. Foozo reserves the right (but assumes no obligation, except as may be required by law) to remove or edit any comments or other Visitor Materials posted to, uploaded to, or transmitted to the site that, in Foozo’s opinion, violate any of the prohibitions set forth in Sections 10.2 or 10.3, or that may be objectionable, or that may expose Foozo or any other third party to any harm or liability of any kind or for any reason.
10.5. Use of Comments: The comments and Visitor Materials contained on the site are for informational purposes only and do not represent any suggestion on the part of Foozo. The comments and Visitor Materials reflect the opinions of customers who have ordered through the site or other third parties and any statements, advice or opinions provided by such parties are theirs alone. Accordingly, to the maximum extent permitted by law, Foozo assumes no responsibility and shall not be liable to pay any compensation to any party for any comments or other Visitor Materials, including, but not limited to, any errors, defamatory statements, obscenity, inaccuracies, or omissions in such content.
10.6. Liability: User agrees to indemnify Foozo for any loss, damage, or claim (and any associated costs) incurred by Foozo or claimed by a restaurant or other third-party subject arising out of or in connection with any comments or other Visitor Materials provided by user in breach of the representations, warranties and liabilities and limitations set forth in this section 10.
10.7. Communications to an administrative or judicial authority: Foozo will fully cooperate with any competent authority that requests or requires disclosure of the identity or location of any person posting or transmitting any comments or Visitor Materials in violation of Sections 9.2 and 10.3.
11. LINK TO AND FROM OTHER SITES
11.1. Third-party sites: Any links to the websites of third parties present on the website are provided solely for the convenience of visitors. The use of these links implies the abandonment of the site. Foozo has not reviewed and has no control over all third-party subjects’ sites or their content or accessibility. Foozo does not endorse or warrant any of these sites, their materials, or the results derived from the use of such materials. Any person who decides to access a third-party subject site that is present on the link of the site, assumes the risks and responsibilities thereof.
11.2. Permission to add links: Users may establish a link to the home page of this site (https://foozo.lu) provided that:
11.2.1. it is done in a proper and legitimate manner without damaging the reputation of Foozo and without taking advantage of it;
11.2.2. the website from which a link is made complies with the content standards set out in these site terms of service (in particular clause 10, “Visitor Materials”);
11.2.3. Foozo has the right at any time to withdraw its permission to add a link.
12. EXEMPTION OF LIABILITY
12.1 Information provided on the site: While Foozo endeavors to ensure the accuracy of the information provided on the site, it cannot promise that such information is correct or complete. Foozo may make changes at any time without notice to the materials on the site or to the services and prices described, by communicating such changes to users in the same manner as the prices and services were communicated to them. The material on the site may not be updated and Foozo assumes no responsibility for its currency.
12.2 Information on allergies, diets, and other information on the menu: Foozo takes care to accurately referencing on the site the names, descriptions, prices and information on special offers, comments on temperature and allergies and any other information on the menus provided by the restaurants or production partners. In any event, it is the responsibility of the restaurant partners to provide the menu information and to ensure that it is correct and up to date, Foozo therefore assumes the responsibility to correctly deploy given information by the partners. In case of doubt regarding allergy notifications, the content of a dish or any other information on the menu, the user is invited to contact the restaurant directly before placing the order to obtain confirmation of the information. In case of non-reachability, the user is invited to address himself to the Foozo customer service who will do their best to retrieve and provide the necessary information.
12.3 Actions and omissions of the restaurant: Foozo has no control over the actions or omissions of restaurants. Without limiting the generality of the foregoing, and except in the case of negligence or gross negligence on the part of Foozo, the user, by using the site, agrees to the following:
12.3.1. Foozo does not undertake to guarantee in any way that the quality of the products ordered in any of the restaurants is satisfactory or that the products are suitable for the user’s purposes and excludes any such liability.
12.3.2. Delivery and collection times are given as an indication only. There is no guarantee on the part of Foozo or the restaurants that orders will be delivered or made available within the estimated time since Foozo does not employ the staff of each restaurant partner. Foozo has established a system to make sure that 95% of all orders will arrive before the estimated delivery time. This is however dependent on several external factors, such as weather and traffic conditions, the smooth operations of the partners and reliability of technical equipment.
12.3.3. Foozo encourages all its restaurant partners to inform Foozo immediately in case of any refusals (usually by email) as possible. In any case, Foozo does not guarantee that restaurants accept all orders; restaurants have the option to refuse orders at any time if they are overloaded, due to weather conditions or for any other reason.
12.3.4. The foregoing disclaimer does not affect the legal rights of restaurant partners.
13.1. Transfer of risk
13.1.1. Deliveries: In case of delivery, Foozo and/or the delivery agent bear the risk of accidental deterioration or accidental loss until the products are handed over at the place of delivery indicated by the client.
As soon as Foozo and/or the delivery agent have delivered the products to the client or to the place where the client is usually active, or as soon as the products are handed over to the client, the risk is borne by the client. Foozo and/or the delivery agent cannot therefore be held responsible for any loss, theft, or deterioration of the products or, where applicable, their packaging after delivery or handover to the client.
13.2. Insulated boxes at the workplace; Foozo and/or the delivery agent provide to certain clients, depending on frequency and volume, insulated boxes, to better protect the delivered products from temperature variations.
These boxes may not, under any circumstances, be used as active temperature controlling devices. Clients are advised to remove the delivered products from the boxes as soon as possible and to consume them immediately, otherwise to place them in another suitable equipment in order to conserve the product in a suitable temperature environment.
Foozo and/or the delivery agent are not responsible for any consequences resulting from the incorrect closing of these boxes or any other defect in their use.
13.3. Food related matters
13.3.1. Deliveries: The products delivered are intended for consumption at the time of delivery. Products cannot be kept for the following days, even in a properly functioning refrigerator. As a precautionary measure, the company advises its clients not to freeze delivered products that have not been consumed.
The client should always check the date on the label bearing his name, to avoid consuming products delivered on a previous day. Foozo’s employees and/or couriers are instructed to dispose of products delivered the previous day, which are still in the insulated box. The client is not entitled to any financial compensation if he has left a product delivered the previous day in the insulated box returned to the company.
Foozo and/or its affiliated companies, as well as their respective managers and employees, cannot be held responsible for any material, immaterial, physical or other consequences that may result from the fact that products delivered the day before were not thrown away, were not eaten or were not stored properly on the day of delivery.
14.1. Cause for Termination: Foozo may terminate (in its discretion) the user’s right to use the site or the service, immediately, by written communication (including communication by e-mail), in case the user violates the general terms and conditions of the site. An unexhausted list of actions, which would trigger a termination are:
14.1.1. that the user has used the site in breach of paragraph 8.1 (License of usage);
14.1.2. that the user has posted comments or Visitor Materials on the site that violate the provisions of paragraphs 10.2 or 10.3 (Visitor Materials);
14.1.3. the user has breached the provisions of clause 11.2 (Linking to and from other sites); or
14.1.4. the user has breached any other material provision of these site terms of service.
14.2 Obligations of the user in the event of termination: Upon termination or suspension, the customer must immediately destroy any downloaded or printed extracts from the site.
The client may contact Foozo for any questions, suggestions, or additional information
a) either by e-mail at email@example.com
b) by telephone on 00352/2033272
c) or by post to its postal address
Grouplunch Luxembourg S.à.r.l.
7, Rue de Bitbourg
16. EVENTS NOT CONTROLLED BY FOOZO
16.1 Foozo is not responsible for and shall not be liable to compensate for any failure or delay in performing its contractual obligations under these site terms of service that is caused by events beyond Foozo’s reasonable control (“force majeure events”).
16.2. A “force majeure event” includes any act, event, failure of customers, omission or incident that is beyond the rational ability of Foozo to control and includes, but is not limited to:
16.2.1. strikes, occupations or other actions in the area of employee and business relations;
16.2.2. civil disturbances, riots, invasions, terrorist attacks or threats of attack, war (even if there is no official declaration of war) or threats of war, and preparations for war
16.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
16.2.4. the inability to use public or private communications networks; and
16.2.5. the laws, decrees, standards, regulations, or restrictive discipline of any government.
16.3. Foozo’s performance of its contractual obligations under the General Terms and Conditions shall be deemed suspended for the duration of the “force majeure event” and Foozo shall be entitled to an extension of the period of completion equal to the duration of the period mentioned. Foozo shall use its reasonable endeavors to overcome the “force majeure event” or to find a solution enabling Foozo to fulfill its contractual obligations despite the “force majeure event”.
17. JURISDICTION AND APPLICABLE LAW
The orders placed by the parties are exclusively governed by Luxembourg law, to the exclusion of the Vienna Convention of 11 April 1980 on the international sale of goods. Any dispute relating to the interpretation or execution of the orders, or these General Terms and Conditions shall be subject to the jurisdiction of the courts of the Grand Duchy of Luxembourg – city, regardless of the place of delivery and the method of payment. Foozo may change these General Terms and Conditions from time to time. If changes are made, which affect the clients’ rights in relation to Foozo’s service, the company will notify you. Changes to the terms will not affect any orders the client has placed where a confirmation notice has been already sent.
If any of the provisions contained in these General Terms and Conditions should be considered/declared invalid or unenforceable for any reason whatsoever, such provision shall be deemed to be severed from the rest of the General Terms and Conditions and shall in no way affect the validity and enforceability of the other provisions contained therein. In such a situation, the part considered invalid shall be amended to be compatible with the applicable law and to reflect as faithfully as possible Foozo’s or the client’s intention.
Foozo and the client undertake to give their relationship the meaning most consistent with that of the invalidated provision and consistent with these General Terms and Conditions as a whole. Foozo and the client may not claim any compensation due to the cancellation in question.
The contractual language is English. In the event of a conflict between the translation of the order or of these General Terms and Conditions, only the English version shall prevail.