Terms of use for customers

This is a convenience translation. Only the German version is legally binding.

Last updated: [terms.effectiveDate.en]

§ 1 Scope

(1) These terms of use apply to all orders and quote requests that you as a customer ("you") place through the "Handl" app or through the app of a partner company connected to Handl ("partner app"), and to the use of your customer account.

(2) The operator of Handl and your contractual partner is [company.name] [company.legalForm], [company.street], [company.zip] [company.city], [company.country.en], email: [company.email], phone: [company.phone], registered with [company.registerCourt] under [company.registerNumber] ("Handl", "we" or "us").

(3) Any terms of your own do not apply unless we expressly agree to them.

§ 2 Handl, the providers and the partner apps

(1) Handl offers goods (for example meals and groceries for pickup or delivery) and services (for example cleaning, repair, assembly, removals, disposal) from independent local businesses ("providers").

(2) Your contractual partner for the order is Handl. Handl sells the goods or provides the services in its own name and on behalf of the respective provider. Fulfilment — preparing, handing over or delivering the goods, or performing the service — is carried out by the provider named on the respective offer page. You receive the invoice from Handl.

(3) If you order through a partner app, the partner company merely provides you with the means to order. The partner company does not become your contractual partner for the order. The partner company's own terms may additionally apply to the use of the partner app itself.

(4) A contract only ever covers the goods and services of one provider. An order cannot comprise offers from several providers.

§ 3 Customer account

(1) You need a customer account to order. You sign in with your email address and a one-time code that we send you by email. In partner apps with their own customer accounts, you sign in through your account with the partner company.

(2) You must provide truthful information and protect access to your email address and device from third parties. You can view your signed-in devices in the app and end sessions at any time.

(3) Using the customer account is free of charge. You can request deletion of your customer account at any time (§ 12).

§ 4 Offers, ordering and conclusion of contract

(1) The presentation of goods and services in the app is not yet a binding offer, but an invitation to you to place an order.

(2) You select one or more items from one provider, the method of fulfilment (pickup, delivery, service at your place or at the provider's), an appointment where applicable, and your address details. Before submitting, you see a summary with all items, the total price and the appointment where applicable, and can correct your details. By pressing the button to place a binding order with obligation to pay and completing payment, you make a binding offer to conclude a contract.

(3) We confirm receipt of the order without delay. This confirmation of receipt does not yet constitute acceptance of your offer.

(4) The contract is concluded when the provider accepts your order. You can see this in the app from the status of your order ("accepted" or "in progress"). If the provider declines the order, no contract is concluded; we then refund the amount already paid in full via the original payment method. Until acceptance you are not bound by your order: you can cancel it free of charge at any time until then (§ 6(2)).

(5) Quote requests: For services whose price depends on the individual case, you can submit a quote request with a description of the job. The provider can then make you a quote with items, price and, where applicable, expected duration and appointment, or decline the request. A quote is valid until the date stated in it; the provider may withdraw it and replace it with a new one until you order. Unanswered requests end after 14 days. If you accept a quote, it becomes an order in accordance with paragraphs 2 to 4.

(6) We store the contract text (your order with all items) and you can retrieve it in your order overview in the app for as long as your customer account exists. You can retrieve these terms of use at any time at [company.website]. The contract languages are German and English.

§ 5 Prices and payment

(1) All prices are final prices and include statutory VAT. If a base fee applies to an order (for example a call-out or delivery fee), it is shown separately before the order is submitted and charged only once per order.

(2) The total price is due when the order is submitted. Payment is processed through a payment service provider; the payment methods shown in the app are available.

(3) You receive an invoice from us, which you can retrieve in the app. Refunds are documented with an invoice correction (credit note).

§ 6 Changes and cancellation before acceptance

(1) Until the provider has accepted your order, you can change the delivery or service address, the billing address and the appointment in the app. A change that would alter the country in which the supply is taxed for VAT purposes is not possible; in that case, please cancel and order again.

(2) Until the provider has accepted your order, you can cancel it in the app at any time free of charge. We refund any amount already paid in full.

(3) After acceptance, the provider can only change the address and appointment in agreement with you. Your statutory right of withdrawal (§ 8) and your statutory rights in the event of defects (§ 9) remain unaffected.

§ 7 Appointments and cooperation

(1) For services with an appointment, you choose from the free times shown in the app. The duration shown results from the services ordered or from the quote. If a job spans several days, the app shows you the individual working days.

(2) For services at your place, you ensure that the provider has access to the place of work at the agreed time. For deliveries, you ensure that the goods can be received at the address given; for pickup, you collect the goods from the provider at the agreed time.

(3) If the provider is prevented from attending, it will agree a new appointment with you. If this is not possible, you may withdraw from the contract in accordance with the statutory provisions.

§ 8 Right of withdrawal

Consumers have a right of withdrawal as set out below. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 BGB).

Withdrawal policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days

• for a contract for the provision of services, from the day the contract is concluded;
• for a contract for the delivery of goods, from the day on which you, or a third party other than the carrier and indicated by you, take possession of the goods;
• for a contract for several goods ordered by you in one order and delivered separately, from the day on which you, or a third party other than the carrier and indicated by you, take possession of the last good.

To exercise the right of withdrawal, you must inform us ([company.name] [company.legalForm], [company.street], [company.zip] [company.city], [company.country.en], phone: [company.phone], email: [company.email]) of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

For contracts for goods: We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back or hand over the goods without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us, to the provider who delivered the goods, at the address we will give you after receiving your withdrawal. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

For contracts for services: If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Exclusion or early expiry of the right of withdrawal

There is no right of withdrawal for contracts

• for the supply of goods which are liable to deteriorate or expire rapidly (for example prepared meals and fresh food);
• for the supply of goods which are not prefabricated and for whose production an individual selection or determination by you is decisive, or which are clearly tailored to your personal needs;
• for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they were unsealed after delivery.

The right of withdrawal for a contract for the provision of services expires when the service has been fully performed and performance only began after you gave your express consent and at the same time confirmed your acknowledgement that you will lose your right of withdrawal once we have fully performed the contract.

End of withdrawal policy

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To [company.name] [company.legalForm], [company.street], [company.zip] [company.city], [company.country.en], email: [company.email]:

• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*)
• Ordered on (*) / received on (*)
• Order number
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date

(*) Delete as appropriate.

§ 9 Rights in the event of defects

(1) The statutory rights in respect of defects apply. Your contact for this is Handl; we coordinate subsequent performance with the provider, who usually carries it out itself.

(2) Please report defects as soon as possible via the app or to [terms.complaintsEmail] so that the provider can examine and remedy the defect. Your statutory rights remain unaffected even if you report a defect later.

§ 10 Liability

(1) We are liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.

(2) In the event of a slightly negligent breach of an essential contractual obligation — an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely — our liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.

(3) The above limitations also apply in favour of the providers and our vicarious agents.

(4) We endeavour to keep the app available with as few interruptions as possible, but do not owe this. Maintenance work and disruptions may temporarily restrict use.

§ 11 Contact and complaints

Please send questions and complaints about an order via the app or to [terms.complaintsEmail], stating your order number.

§ 12 Deletion of the customer account

(1) You can delete your customer account yourself at any time: in the "Handl" app under "Account" with "Delete account", in a partner app through the function provided there. You can also request deletion by email to [privacy.contactEmail].

(2) Deletion removes your account data, saved addresses and sessions; it is then no longer possible to sign in with the account. We retain orders and invoices in accordance with statutory retention periods (see the privacy policy). While an order has not yet been completed or cancelled, deletion is only possible after that; open quote requests are deleted with the account.

(3) We may block or terminate a customer account for good cause, in particular in the event of abusive use or repeated false information.

§ 13 Dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 14 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law applies only insofar as it does not deprive you of the protection afforded by the mandatory provisions of the law of the state in which you have your habitual residence.

(2) Should any provision of these terms of use be invalid, the validity of the remaining provisions remains unaffected.