General Terms and Conditions for Customers

1. Identity of FoodRaccoon

Raccoon Services UG (haftungsbeschränkt), Mühlenstraße 8a, 14167 Berlin, registered in the commercial register of the District Court Berlin (Charlottenburg) under HRB 257349, Email: [email protected], VAT ID: DE365826522 (hereinafter referred to as "FoodRaccoon").

2. Definitions

The following terms are used in these General Terms and Conditions:

(a) "Partner" means a restaurant, cafe, bakery, or other food service establishment that offers its products through the FoodRaccoon platform.

(b) "Purchase Agreement" means the contract concluded between the User and the Partner for the purchase of products.

(c) "FoodRaccoon" means Raccoon Services UG (haftungsbeschränkt) as the operator of the platform.

(d) "App" means the FoodRaccoon mobile application available for iOS and Android.

(e) "Service" means all services provided by FoodRaccoon through the App and associated systems, including the platform for ordering, payment processing, and related features.

(f) "User" means any natural person who registers for and uses the FoodRaccoon Service.

3. Choice of Law, Jurisdiction, and Dispute Resolution

These General Terms and Conditions and all legal relationships between FoodRaccoon and the User are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For merchants, legal entities under public law, or special funds under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions is Berlin.

The European Commission provides a platform for online dispute resolution (ODR), which is available at https://ec.europa.eu/consumers/odr/. FoodRaccoon is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

4. Amendments

FoodRaccoon reserves the right to amend these General Terms and Conditions at any time. In the event of substantial changes that affect the User's rights or obligations, FoodRaccoon will notify Users at least six (6) weeks before the changes take effect. If the User does not object to the amended terms within this period, the amended terms shall be deemed accepted. FoodRaccoon will specifically inform the User of this consequence in the notification of changes. Non-substantial changes, such as corrections of typographical errors or clarifications that do not affect the User's rights or obligations, may take effect immediately.

5. Assignment

FoodRaccoon may assign its rights and obligations under these Terms and Conditions to third parties at any time. The User may not assign their rights or obligations under these Terms and Conditions to third parties without the prior written consent of FoodRaccoon.

6. Liability Limitations

FoodRaccoon shall be liable without limitation for damages caused intentionally or through gross negligence. In the case of slight negligence, FoodRaccoon shall only be liable for the breach of material contractual obligations (cardinal obligations), i.e. obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the User may regularly rely. In such cases, liability is limited to the foreseeable, typically occurring damage.

The above limitations of liability shall not apply to damages arising from injury to life, body, or health, or to liability under the Product Liability Act, or in cases of assumed guarantees.

FoodRaccoon shall not be liable for the quality, safety, legality, or availability of products offered by Partners. Liability for such matters lies exclusively with the respective Partner.

7. Duration and Termination

The contractual relationship between FoodRaccoon and the User is concluded for an indefinite period. Either party may terminate the contractual relationship at any time without stating reasons. The User may terminate by deleting their account in the App or by sending a written notice to FoodRaccoon. FoodRaccoon may terminate by sending a notice to the email address provided by the User.

The right of either party to terminate for good cause remains unaffected. FoodRaccoon may in particular terminate the contractual relationship without notice if the User violates these Terms and Conditions.

Upon termination, the User's right to use the Service shall cease. Provisions that by their nature are intended to survive termination shall remain in effect, including but not limited to provisions regarding liability, intellectual property, and dispute resolution.

1. Service Description

FoodRaccoon provides a digital platform through which Users can discover Partner restaurants, view their menus, place orders, and process payments. FoodRaccoon acts as an intermediary between Users and Partners. The Purchase Agreement for products is concluded directly between the User and the Partner.

Access to the FoodRaccoon platform is free of charge for Users. Users are, however, obligated to pay for products ordered through the platform as well as any applicable service fees displayed at the time of order.

2. User Accounts

To use the FoodRaccoon Service, Users must create an account by registering through the App. Users must be at least 18 years of age to create an account. By registering, the User warrants that all information provided is truthful, accurate, and complete, and agrees to keep this information up to date.

The User is responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. The User must notify FoodRaccoon immediately of any unauthorised use of their account.

The following activities are prohibited:

(a) Creating multiple accounts for the same person.
(b) Providing false or misleading information during registration.
(c) Using another person's account without authorisation.
(d) Sharing account credentials with third parties.
(e) Using the Service for any unlawful purpose.
(f) Attempting to gain unauthorised access to the Service or its systems.

FoodRaccoon reserves the right to suspend or permanently delete User accounts that violate these Terms and Conditions, without prior notice and without liability.

3. Intellectual Property

All intellectual property rights in the FoodRaccoon Service, the documentation, copies, copyrights and related protective rights (including database and catalogue rights), patents, trademarks, trade secrets, and know-how are held exclusively by FoodRaccoon and its licensors.

Limited licence: The User is granted a limited, non-exclusive, revocable, non-transferable, and non-sublicensable right to access the Service and to use it solely for its intended purposes.

User-generated content: Content provided by the user through the service — in particular feedback, support requests, and photos, comments, and posts shared in the social feed — remains the property of the user or the respective rights holders. The user grants FoodRaccoon a non-exclusive, worldwide, royalty-free, and revocable license to store, reproduce, display, adapt (only as technically necessary for display, e.g. resizing or format conversion), and make the content publicly available, solely for the purpose of operating, providing, displaying, and promoting the service. FoodRaccoon may sublicense these rights, solely for the foregoing purpose, to service providers it engages (e.g. hosting and content-delivery providers).

This license ends when the user deletes the relevant content or their account. Excepted are: (a) content other users have already lawfully shared or saved within the service; (b) technical backup copies overwritten in the ordinary course of business; and (c) cases where further retention is required by law. Transfer of this license to third parties is permitted only in the context of a business succession (e.g. sale of the business or merger).

The user warrants that they hold all rights necessary to post the content and for the foregoing use, and that the content infringes no third-party rights. Where content depicts other people, the user warrants that they have obtained those persons' consent to publication (§ 22 KUG).

Prohibited: copying, modifying, or creating derivative works; reverse engineering, decompiling, disassembling, or decrypting the source code; removing copyright, trademark, or proprietary notices; collecting, using, copying, or transferring FoodRaccoon information without consent; the use of bots or automated methods.

4. Additional Usage Terms

FoodRaccoon reserves the right to modify, update, or discontinue the Service or any part thereof at any time, with or without notice. FoodRaccoon shall not be liable to the User or any third party for any modification, suspension, or discontinuation of the Service.

The commercial use of the FoodRaccoon Service is prohibited without the prior written consent of FoodRaccoon. This includes, but is not limited to, the resale of products ordered through the platform, the use of the Service for advertising purposes, and the systematic extraction of data from the Service.

5. Availability

FoodRaccoon endeavours to ensure the availability of the Service at all times. However, FoodRaccoon does not guarantee uninterrupted or error-free availability of the Service. The Service may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond the control of FoodRaccoon.

FoodRaccoon shall not be liable for any damages resulting from service interruptions or unavailability, unless caused by intentional or grossly negligent conduct on the part of FoodRaccoon.

6. Social Feed and User-Generated Content

The FoodRaccoon service includes a social feed in which users can publish their own content, in particular photos of meals and orders with a caption and optional restaurant and product tags, as well as profile information. Users can like other users' posts, follow other users, and share posts to external services (e.g. Instagram, Snapchat) or via link, using the features provided by the app. Depending on the visibility the user has chosen, posts are visible to that user's followers, to all users, or to both. The user may delete their own posts or change their visibility at any time.

FoodRaccoon's Community Guidelines (available at foodraccoon.com/community-guidelines) apply in addition to the use of the social feed. They form part of these Terms. The user undertakes not to publish content that violates applicable law, the rights of third parties, or the Community Guidelines.

Users can report content in the social feed via the report function provided in the app, or at [email protected]. Reports concerning content that is allegedly illegal within the meaning of Art. 16 of Regulation (EU) 2022/2065 (Digital Services Act, DSA) can be submitted via the same channels.

In the event of violations of these Terms or the Community Guidelines, FoodRaccoon may respond in a graduated manner: from a warning, to the removal of individual content, up to permanent suspension of the account for serious or repeated violations. An account suspension is always decided by a member of the moderation team following an individual review; no decision is made exclusively by automated means. Where FoodRaccoon takes action against a user's content or account (removal, warning, or suspension), FoodRaccoon informs the affected user of the reason for the decision and advises them of the option to have the decision reviewed (Art. 17 DSA). Where content is allegedly unlawful and poses a threat to a person's life or safety, FoodRaccoon may also be legally required to inform the competent authorities (Art. 18 DSA). Direct enquiries to [email protected].

1. Sales Service Description

FoodRaccoon provides a platform through which Users can purchase products from Partners. FoodRaccoon acts solely as an intermediary. All products displayed on the platform are offered and sold by the respective Partner. The Purchase Agreement is concluded directly between the User and the Partner.

FoodRaccoon is not a party to the Purchase Agreement and assumes no liability for the fulfilment of the Partner's obligations, including but not limited to the quality, quantity, description, or availability of the products.

2. Contract Formation and Orders

The presentation of products on the FoodRaccoon platform does not constitute a binding offer by the Partner. By adding products to the cart and completing the checkout process, the User submits a binding offer to the Partner to purchase the selected products.

The Purchase Agreement is concluded when the Partner accepts the User's order. Acceptance may be communicated through the App by order confirmation or by the Partner commencing preparation of the order. FoodRaccoon transmits the User's order to the Partner but is not responsible for the Partner's acceptance or rejection of orders.

The User is responsible for ensuring the accuracy of their order before completing the checkout process. Changes to or cancellations of orders after submission may not be possible, depending on the Partner's preparation status.

3. Right of Withdrawal

Consumers have the right to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the products without stating reasons, in accordance with the statutory provisions.

The right of withdrawal does not apply to:

(a) Contracts for the supply of goods that are perishable or that can expire rapidly.
(b) Contracts for the supply of goods that are sealed and are not suitable for return due to health protection or hygiene reasons, if the seal has been removed after delivery.
(c) Contracts for the supply of goods that have been customised or personalised according to the consumer's specifications.
(d) Contracts for the supply of goods that have been inseparably mixed with other goods after delivery.

4. Payment, Pricing, and Refunds

All prices displayed on the FoodRaccoon platform are inclusive of statutory value-added tax (VAT). Additional fees, such as service fees or deposits (Pfand), are displayed separately and clearly indicated before the User completes the checkout process.

Payment is processed through the payment methods offered in the App, which may include credit card, debit card, and other electronic payment methods. By completing a transaction, the User authorises FoodRaccoon to process the payment, through the payment service Stripe, on behalf of the Partner.

Invoicing: The invoice for your order is issued by FoodRaccoon in the name and on behalf of the respective partner restaurant (issuance by a third party pursuant to § 14 (2) sentence 6 UStG). The supplier and seller is the partner restaurant.

Refunds: If the partner restaurant rejects an order before accepting it, the amount paid is refunded in full. After acceptance, the partner restaurant may refund an order in whole or in part. Refunds are made via the payment service Stripe to the original payment method.

5. Order Processing

After the User completes an order, FoodRaccoon transmits the order to the Partner for processing. The Partner is responsible for preparing the order in accordance with the specifications provided by the User.

For orders containing age-restricted products (such as alcoholic beverages or tobacco products), the User warrants that they are of legal age to purchase such products.

6. Pickup at Partner Location

Orders placed through FoodRaccoon are for pickup at the Partner's location. The User will receive a notification through the App when the order is ready for pickup.

The User is required to pick up the order within sixty (60) minutes of receiving the pickup notification. If the User fails to pick up the order within this period, the order may be considered forfeited and the User may not be entitled to a refund.

7. Time Estimates

Any time estimates provided through the FoodRaccoon platform regarding order preparation or pickup readiness are estimates only. FoodRaccoon and the Partner do not guarantee that orders will be ready at the estimated time.

8. Complaints and Warranties

In the event of complaints regarding the quality, quantity, or condition of products received, the User should contact FoodRaccoon customer service through the App or by email at [email protected].

FoodRaccoon will forward the complaint to the Partner and assist in resolving the issue. However, as the Purchase Agreement is concluded between the User and the Partner, statutory warranty provisions apply as between the User and the Partner.