GENERAL TERMS AND CONDITIONS
These General Terms and Conditions have last been updated 24 November 2020.
These general terms and conditions (the "Terms") apply between you as a customer (the "Customer", "You") and Delivery Hero Finland Oy, business ID: 1936684-6, address Pasilankatu 10, 00240 Helsinki ("foodora", "us"), when ordering food, drinks and other products (together the "Products") via www.foodora.fi or foodora's downloadable mobile application (together the "Platform"). By registering a user account with foodora or by using the Platform and/or receiving Supply (defined below), you confirm that you have read and agree to the Terms.
The Platform differentiates between the Products prepared by restaurants ("foodora Restaurants") and Products supplied by stores ("Stores"). The foodora Restaurants and Stores are together later referred to as the "Partners" and separately as a "Partner".
Products sold via the Platform are intended for personal use and are not to be resold or transferred.
These Terms constitute the entire agreement between You and foodora of all matters to which the Terms refer to. By ordering Products through the Platform or by otherwise using the Platform, you express to have accepted these Terms. By accepting these Terms, you are aware that we can send You e-mails or text messages in relation to Your order.
foodora reserves the right to update these Terms at any time. The updated terms shall apply from the effective date and shall be applied to orders that have been made on or after the effective date of the new Terms.
If You have any questions regarding these Terms, You may always contact our customer service, whose contact details can be found in Section 6 of these Terms.
1. BECOMING A CUSTOMER
To be able to order Products through the Platform You are required to:
- provide Your name, address, telephone number, e-mail address, payment details and other information required to make a purchase;
- be at least 18 years old;
- be the lawful owner of any debit/credit card used to make the purchase.
By registering as a user on our Platform, You simultaneously create a personal user account and a password. You must keep the user account credentials and password confidential. You shall be held personally responsible for any purchase events made using Your user account and/or credentials, and you commit to inform foodora promptly if Your credentials and/or password are obtained by a third party, in which event foodora shall reserve the right to close or delete Your user account credentials without advance notification.
You shall be responsible for ensuring that the purchase and account information provided by You in connection with the purchase event are up-to date, complete and accurate. You shall be responsible for promptly updating Your account information and other information, such as e-mail address, so that we can complete Your purchase and contact You if necessary.
You may not use any foodora trademarks or brands beyond what is required to use the Platform or the Services.
2. PRODUCTS AND SERVICES
By using the Platform, You can order any Products from time to time available on the Platform.
Orders from foodora Restaurants
By ordering Products prepared by foodora Restaurants through the Platform, You enter into an agreement directly with foodora as seller of the Products and accept these General Terms and Conditions. If You make a payment in cash in connection with Pick-Up, the payment shall be made directly to the foodora Restaurant, which will then act as the seller of the Products and in which case the foodora Restaurant’s own terms of sale are applied as applicable.
Order from Stores
By ordering Products from the Store through the Platform, You enter into an agreement with the Store and accept these General Terms and Conditions and, where applicable, the Store’s own terms of sale.
foodora sells and delivers Products prepared by foodora Restaurants and delivers (if applicable) Products sold by Stores (jointly referred to as the "Supply") to you unless otherwise stated in these Terms. The Products are transported and delivered to the delivery address you specified when ordering. Delivery is made by foodora's independent couriers or delivery partners, or through foodora's Partners unless the Customer has chosen to pick up the Product at the Partners location ("Pick-Up").
foodora operates the Platform and administers the payments made through it. At the time of Your order, You pay for the Product including any transportation fees, directly to foodora. You do not pay anything to the courier who delivers the Product to You.
foodora's operations are registered in the register maintained by the Finnish Food Authority. This registration means that foodora’s operations are regularly monitored by food authorities.
2.1 Products offered
To ensure the delivery time and quality of the Product, you may only order Products from Partners that have a business location near the delivery address you specify. The range of Partners and Products available on the Platform varies from time to time. For this reason, we request that You check the Platform for up-to-date information on the Products.
foodora has the right to update the product specifications of the Products at its sole discretion at any time without advance notification. Additionally, foodora reserves the right to change, suspend or discontinue the sale of any Product placed on the Platform.
2.2 Order and Supply
All orders are made on the Platform by selecting the Product(s) You are willing to purchase. When placing an order, you must choose whether you want your order to be delivered as soon as possible, whether you want to pick-up the Product at the Partner's location (Pick-Up), or whether you want to place a pre-order. Pre-order can be made up to three (3) days in advance.
You order is an offer to purchase the Products listed in Your order. The fulfillment of the order is subject to availability and requires foodora’s approval and we may, in our sole discretion, choose to not accept orders. When You place an order to purchase a Product through the Platform, we will notify you by e-mail that the Partner has received information of Your order. In addition, the estimated delivery time of the Products is provided on the Platform.
foodora and foodora's Partners explicitly reserve that a Product may be out of stock at the time of placing the order, in which case the order may be cancelled, in whole or in part, and you will be refunded accordingly. Upon delivery we will send you a receipt for Your order.
foodora does not accept orders for Products by e-mail or by live chat. Each order must be placed through the Platform.
The risk for loss of or damage to the Product passes to You once the Product have been delivered to the agreed location. foodora or its Partners shall not be liable for any loss or damage caused to the Product after delivery. You are responsible for picking up the Product from the agreed delivery address. Payments made will not be refunded by foodora's Partners or foodora if You fail to receive or pick up the Product from the agreed location.
2.3 Terms for delivery
When placing an order on the Platform with delivery (direct or pre-order), you acknowledge and agree that the Products ordered will be delivered to the location or street address provided by you for the relevant order. Delivery will be made immediately upon completion of the order by foodora's Partner as and if requested by you and therefore you acknowledge that the delivery service is non-refundable and that you do not have any statutory rights of withdrawal in relation to the delivery service.
You must be present at the relevant delivery location or street address, unless you have confirmed when placing the order that the order is to be delivered by the door. If you are not available to receive the order upon delivery, the courier may deliver the Products by the door to the extent no restrictions apply, e.g. the order contains Products for which customer identification or similar is required, in which case you will be deemed to have agreed that the delivery may be made by the door. Once the Products are delivered at the agreed location the risk will transfer to you.
foodora or its Partners are under no obligation to deliver any order by the door to the extent restrictions apply or if it is otherwise deemed inappropriate.
You are responsible to remain available to receive calls at the phone number submitted by you on the Platform. If you cannot be reached at the phone number provided by you and delivery cannot be completed, the delivery and the order may be cancelled. foodora is entitled to charge a fee of 20 EUR (or, if the order value is less, the full order value) to cover for costs and expenses related to the cancellation of the order. This will be charged by way of reducing the amount which can be refunded due to the failed delivery of your order. Your refund may additionally be reduced by the amount corresponding to any Products that foodora or the Partner is unable to resell.
For orders which include Products for which customer identification or similar is required it may be required that the order is received by the person placing the order.
If you have selected Pick-Up when placing the order, the Products are to be picked up by yourself at the Partner’s point of sale at the time specified on the Platform. The Partner may require that you identify yourself with valid identification when collecting the order.
If the order is not picked up within a reasonable time period from the specified Pick-Up time you may be charged full price for the relevant Products and/or any other costs of foodora or the Partner in relation to the order.
2.4 Food ingredients and quality
All orders are prepared by foodora's Partners, and deliveries made by foodora's courier are transported to You by a suitable means of transport, in thermally insulated bags or compartments which meet the requirements of the Finnish Food Authority.
For meals prepared by foodora Restaurants, foodora displays the lists of ingredients provided by each foodora Restaurant. However, we cannot guarantee that such a list of ingredients will always be accurate or up to date. For this reason, we kindly ask Customers to contact the relevant foodora Restaurant directly, for example on issues related to allergens, ingredients or the origin of a raw materials.
Meals marketed on the Platform are prepared and packaged in the kitchens of foodora Restaurants, which meet the requirements of the Finnish Food Authority and neither foodora, nor the foodora personnel, process or participate in the preparation of meals or any ingredients they contain. Once the meal has been prepared, the foodora Restaurant will pack the meal and, unless You have selected Pick-Up as the delivery method, it will be transported to You by a suitable means of transport.
Meals from foodora Restaurants are intended for consumption immediately after delivery, unless expressly stated otherwise, and foodora or the foodora Restaurant is not responsible for the quality of the meal if consumed later.
If the Products You order contain pre-packaged food, it is important that you read the list of ingredients on the package carefully before consuming those foods, especially if you are allergic to certain food or ingredients. Please note that foodora does not guarantee that the lists of ingredients displayed on the Platform are correct or up to date. If you have any questions about the ingredients of foods marketed through the Platform, please contact the relevant Partner.
3. COSTS OF THE SUPPLY AND PAYMENT
Prices and payments on the Platform are presented in euros.
The applicable prices of each Product and the delivery service are presented on the Platform at the time of ordering. The price will be displayed in the shopping cart before checkout and will be confirmed by a receipt sent by email. If the price quoted on the Platform is incorrect due to an obvious typo or other obvious error, the incorrect price shall not be binding on foodora. foodora reserves the right to change prices and/or the content and information of the Products and the Supply to apply for orders placed after the change has been made. In the event of significant changes to the Supply or to the Platform, these Terms will be updated, and a new version will be made available on the Platform. Please make sure to read the latest updated version of the Terms when placing an order.
For orders placed via the Platform, a minimum order value may apply. The minimum order value may differ from Partner to Partner but is clearly stated in your cart before checkout and upon placing an order. Upon placing an order for Product(s) which does not in total exceed the minimum order value, foodora will charge the Customer the difference between the total price of the Product(s) and the applicable minimum order value. Please note that these costs may not be refunded in the event of a return made to a Store.
In some cases, foodora may limit the ability of Partners to offer different pricing for Products on the Platform compared to in their own sales channels. This is to ensure that You as a customer are only additionally paying for the specified delivery costs when ordering Products on the Platform, at the same time as foodora will be able to operate a viable business model when offering customers to benefit from the efficiencies generated by our Platform in terms of facilitated search, increased choice and high service levels. We continually invest in the development and improvement of our Platform, and these limitations also balance the benefits that Partners derive from joining the Platform in terms of e.g. visibility and cost savings, against our investments in offering and improving our services.
3.2 Price offers and gift cards
foodora may from time to time offer introductory prices or "trial offers" and other campaign promotional offers ("Campaigns"). Each Campaign is valid only once per each registered user, unless expressly stated otherwise in the Campaign terms and conditions. foodora reserves the right to terminate any Campaign offer at any time without prior notice to the Customer.
Gift cards issued by foodora may be redeemed upon payment for the Products or services available on the Platform, unless otherwise stated in the gift card or in the specific terms of the gift card. The gift card cannot be redeemed for cash. The gift card can only be redeemed once, regardless of whether the full amount of the gift card is used or not. Once the gift card expires, the gift card can no longer be used for payment on the Platform, cannot be reactivated, and any remaining unused value cannot be returned. The gift card can only be used before the ordering process is completed.
Unless expressly agreed otherwise, payments for all orders for the Products shall be made at the time of ordering by using a debit/credit card or by paying for the order directly via online banking or using other payment methods available on the Platform at any given time.
In connection with the orders placed from a Store, foodora will direct the payments You make on the Platform to the Store.
4. Personal data processing and data protection
5. SUPPLY OR PRODUCT ERRORS, FEEDBACK AND RIGHT OF WITHDRAWAL
5.1 Supply or Product errors and feedback
We want You to be satisfied with our service! If the Products You receive are faulty, incorrect or do not match Your order, or if the Supply is incomplete or damaged in transit, we kindly ask you to immediately contact the Partner or Our Support Center or customer service as provided for in Section 6 (Customer Service) of these Terms. Once notice of the complaint or claim has been received, your matter will be investigated as soon as possible to seek a solution in accordance with the applicable mandatory consumer protection legislation. foodora reserves the right to determine what is considered an appropriate solution in each situation, adhering to the provisions of the mandatory consumer protection legislation, and we ask you to note that it is the seller of the Products who is responsible for any complaints, errors and warranty matters why foodora may refer you to take the matter directly with the Partner, in cases where the Partner is the seller of the Product(s). The seller has liability for defects in accordance with the mandatory consumer protection legislation.
5.2 Withdrawal rights / refund rights
You may change Your mind for any reason or no reason and receive a refund of the amount paid by notifying us of withdrawal within 14 days of receiving the Product or a substantial part of it ("Cancellation Period"), unless the refund right to withdraw the Product is restricted by the Consumer Protection Act.
The right of withdrawal does not apply
- when the ordered service has been completely performed before the end of the Cancellation Period on Your request or consent,
- to meals, groceries, foods and other goods with short shelf life or perishable or expiring Products (such as flowers),
- to sealed and opened goods that cannot be returned after opening the package for health or hygiene reasons (e.g. contact lenses, moisturizers and medicines),
- goods manufactured or modified in accordance with the consumer’s requirements or clearly made to meet personal needs, or
- the Supply of an individual newspaper, magazine or publication, or in other situations where there exists explicit exceptions under applicable laws and regulations.
Your right to withdraw from Your purchase and receive a refund requires that the Product remains in unaltered conditions, with original packaging (if applicable) and provided that no seal has been broken.
Please note that the Partner is responsible for handling returns regarding orders where the Partner is the seller.
5.3 Exercising your withdrawal / refund rights
If You wish to exercise Your right to withdraw from a purchase, You must notify foodora's Partner or foodora within the Cancellation Period, that You wish to exercise Your withdrawal rights. Notice of the exercise of the withdrawal rights must be sent to [email protected] or to the address provided by foodora's customer service.
In the notice, You must mention Your name, address and other necessary information, such as the order number, invoice number and name of the Product in question. To make a notice of withdrawal, You may use the standard form provided by the Finnish Consumer and Competition Authority available here. Remember that the form must be sent to foodora's Partner or foodora, not to the Finnish Consumer and Competition Authority.
Please note that if the order is returned to the Partner due to failure to deliver the order and You have not notified us of Your wish to exercise the right of withdrawal in advance of the attempted delivery, the order will be cancelled and we reserve the right to charge you for the costs in accordance with section 2.3 above.
5.4 Your responsibilities when exercising your withdrawal / refund rights
When You exercise Your withdrawal rights, You are solely responsible for any return freight costs. Moreover, You are responsible for the condition of the Product from the time of its receipt as well as its return during delivery. The Product must be returned within 14 days of submitting the withdrawal notice to foodora. Please, contact Our customer service for receiving the Product return address.
You are obliged to handle the Products in Your possession carefully. You must pack the returned Products carefully so that they are not damaged during delivery. Please use packaging that adequately protects the Product from transport damage, suitable for the means of the return freight. All accessories related to the Product and the parts included in the package must be returned with the Product, including any original packaging and labels. If You have used, negligently handled or packaged the Product, or otherwise handled the Product beyond what is required to determine the nature, characteristics or functionality of the Product, You are responsible for compensating for any impairment of the returned Products up to the full price of the Products.
Please note that when returning Products ordered from a Store, it may be required that the return is made to the specific Store (location) from which the Product was delivered to the Customer.
5.5 Approving returns and refunds
If Your return is approved, foodora or Partner will promptly process the refund. Refunds will be made by using the same payment method as the Product has been paid for, unless otherwise expressly agreed. Further, if Your refund request is approved, foodora or the Store will also be entitled (on case-by case-basis) to reduce the refund amount by an amount equal to the decrease in value of the Product that may have resulted in the Product being used or processed more than required to evaluate its features or performance.
foodora does not refund delivery or other service fees, discount codes or any costs related to the minimum value of the order.
6. CUSTOMER SERVICE
Should You have any questions regarding the Platform, Products or ordering and Supply, please contact foodora’s customer service. You can contact our Support Center via the Platform or by e-mail at [email protected]. For updated information about Our customer service opening hours please see our website.
7. FOODORA'S RIGHT TO TERMINATE THE SUPPLIES
foodora reserves the right to terminate the Supplies or suspend the use of the Platform from Customers who violate these Terms. Such termination takes place immediately and the Customer is notified by e-mail.
8. TRANSFER OF RIGHTS
foodora may transfer its rights and obligations under the Terms to a third party, provided that the acquiring third party can be expected to fulfill the Terms from the Customer’s perspective in a satisfactory manner.
The Customer may not transfer its rights and obligations under the Terms to any third party.
9. LIABILITIES AND LIMITATIONS TO LIABILITY
You are liable to compensate foodora for any direct and indirect damage suffered by foodora as a result of Your breach of these Terms.
Subject to mandatory law, in addition to what is stated in these Terms, foodora’s liability to the Customer is determined as follows:
- Except as expressly set out in these Terms, foodora makes no warranty as to the content, raw materials, ingredients or other information or services relating to the Products or any other Supply made using foodora or the Platform.
- The Platform is provided for the Customer "as it is" without warranty of any kind. Therefore, foodora does not warrant the functionality, availability, usability or security of the Platform or the Supply. We are not responsible for the suitability of the Products for the specific purpose You intend to use them.
- To the extent permitted by mandatory applicable law, foodora shall not be liable for any direct or indirect or consequential damages, lost profits, loss of data or goodwill, or any other loss or damage arising out of Your use of the Platform or Our service, inability of using the Platform or Our services, or these Terms, regardless of whether the damage caused is based on a contract, infringement or other grounds.
- foodora is not responsible for any unauthorized use or modification of the information You provide to foodora, or information or material You receive. Furthermore, foodora is not responsible for any criminal acts arising from the use of foodora's Supply services or services, such as threatening or defamatory, or any other obscene or harassing, offensive, inappropriate or illegal content or user activity.
- Please, note that these Terms do not affect Your statutory rights as a consumer, which cannot be removed or limited by a contract. Nor do these Terms preclude or limit liability that cannot be legally limited or excluded under mandatory law, such as liability for damage caused intentionally or through gross negligence.
- foodora reserves the right to cancel the delivery and/or Supply of one or more Products if the information provided by the Customer during registration is incomplete or incorrect, the Partner is unable to fulfill the order, or in case of force majeure such as pandemics (including but not limited to COVID-19), natural disaster, war, political unrest, strike, lockout, blockades or other cause of labor market disruption, fire, accident or other circumstances beyond foodora's reasonable control, or due to any other circumstances that substantially impede or impair the conditions for a Supply to be fulfilled. foodora undertakes to notify the Customer as soon as possible of delay in Supply, or alternatively, of any cancellation.
10. Applicable law and arbitration
These Terms, the Platform, and purchase transactions made through the Platform or by using other foodora services are governed by the Finnish law.
Any disputes relating to these Terms, the Platform, and purchase transactions made through the Platform or using other foodora services, are primarily resolved through negotiations. If the dispute cannot be settled, You can contact the consumer advice service of the Finnish Competition and Consumer Authority (https://www.kkv.fi/kuluttajaneuvonta/), and subsequently request for solution from the National Board for Consumer Disputes (www.kuluttajariita.fi).
You also have the right to bring the dispute before the Helsinki District Court or to the District Court of Your domicile.