General Terms and Conditions

Scope

The following terms apply to all contracts concluded via gastrozukunft.de. They apply exclusively to entrepreneurs (§ 14 BGB); we do not conclude contracts with consumers (§ 13 BGB). Deviating customer terms shall not become part of the contract unless we expressly agree to them in writing.

Subject matter of the contract

gastrozukunft.de offers two separate services: (1) the online ordering system, which is provided as software-as-a-service on a subscription basis, and (2) print products (e.g. QR business cards, folded menu leaflets), which are ordered in the print shop. The specific scope of services, terms and prices result from the respective offer.

Conclusion of contract

The presentation of offers on the website is non-binding and does not constitute a binding offer. In the print shop, by clicking the order button the customer makes a binding offer to conclude a purchase contract; the contract is concluded upon our order confirmation by e-mail or, at the latest, when performance of the service begins. For the online ordering system, the sections “Online ordering system: subscription, billing and term” and “Free trial period (the "3 months free" campaign)” apply.

Prices and payment in the print shop

In the print shop ordering process, the net price, VAT and total price are shown. Payment is made in the ordering process via Stripe Payments Europe, Ltd. or PayPal (Europe) S.à r.l. et Cie, S.C.A. using the payment methods offered there. For the online ordering system, the section “Online ordering system: subscription, billing and term” applies: there, all prices are net plus the applicable statutory VAT, and payment is made via payment link or – at the customer's express request – by SEPA direct debit.

Online ordering system: subscription, billing and term

The online ordering system is provided on a subscription basis at a price of €29 per month (plus statutory VAT where applicable). No separate setup fee is charged. Billing is monthly; at the customer's request, a period of several months (up to twelve) can be billed in advance in a single invoice. Payment is generally made by the customer themselves via the payment link contained in the invoice; no automatic debit takes place. Optionally, the customer may explicitly choose the SEPA direct debit scheme (SEPA Core Direct Debit) and grant a mandate for it; only in that case are due invoice amounts collected from the specified account. The pre-notification is given, by agreement deviating from the standard period, no later than five calendar days before the debit and may be given in the invoice; for recurring amounts that remain unchanged, a single notification covering the affected due dates is sufficient. The mandate can be revoked at any time with effect for the future; revocation is possible at any time by the customer in the customer area. The statutory refund right of eight weeks from the debit remains unaffected. If a direct debit is returned for lack of funds or for a reason attributable to the customer, the customer bears the resulting return-debit costs; the right to claim further damages for default is reserved. The subscription can be cancelled monthly; there is no minimum contract term unless otherwise agreed in the respective offer. For existing contracts, the contractually agreed price applies. A price change only takes effect if the customer expressly agrees to it; gastrozukunft.de announces an intended price change at least 30 days in advance in text form. If the customer does not agree, the previous price continues to apply. If SEPA direct debits are returned repeatedly within twelve months, the provider may stop collecting and settle future payments exclusively via the payment link; the mandate granted remains unaffected and collection can be resumed by agreement. If an invoice is still open after the payment deadline stated in the reminder (Mahnung), the provider may decline to extend the subscription by a further billing period; the runtime already paid for remains unaffected and runs to its regular end.

Free trial period (the "3 months free" campaign)

This section applies to businesses that register via the campaign page /3-monate-kostenlos. It takes precedence over the preceding section "Online ordering system: subscription, billing and term" where the two conflict. (1) Use is free of charge for the first three months. The three months begin when the business's ordering page is actually made available, not when the registration form is submitted. (2) No payment details are collected for the registration, and no payment is due when the trial starts. (3) Neither the registration nor the trial period creates any payment obligation. In particular, no paid subscription and no minimum term arise. (4) After the three months there is no automatic transition to paid use and no automatic renewal. Paid continuation only comes about if the customer expressly accepts it following a separate notification; without that acceptance the trial simply ends. (5) If the customer opts to continue, the monthly price stated in the offer applies; it is net, plus statutory VAT at the applicable rate, and applies until the end of the first year of use. The first year of use is the first twelve months from the start of the trial, not the calendar year. The provider will communicate the price for the second year of use separately and in good time before it begins. (6) Registration for the campaign is only possible within the registration period stated on the campaign page. An extension of that period is possible but not promised. What matters for timeliness is the receipt of the fully completed registration form by the provider; a subsequent code confirmation and the provider's set-up may take place afterwards without affecting timeliness. (7) The end of the registration period does not affect trials already under way; they run to their normal end. (8) The trial is not conditional on any consent to advertising or advertising measurement. (9) During the trial period, no invoice is issued and no amount is collected – not even if the customer has already granted a SEPA direct debit mandate. (10) The customer may end the trial period at any time without observing a notice period; a message on WhatsApp or by email is sufficient. This does not give rise to any costs.

Online payment during ordering

If the customer offers its guests online payment, the payments run through the customer's own account with Stripe (Stripe Payments Europe, Ltd.) or PayPal; for this, the customer concludes its own contract with the respective provider, and the payments go directly to the customer. gastrozukunft.de charges no commission on these payments (0 %), unless something else has been agreed with the customer in text form in an individual case.

gastrozukunft.de sets up the Stripe account on the customer's behalf and manages it according to the customer's instructions: payouts go daily, with a delay of 14 days, to the bank account the customer specifies and which gastrozukunft.de transmits to Stripe on the customer's behalf; the system triggers refunds to guests in particular when the customer rejects or cancels a paid order. The customer can change or revoke this instruction at any time in text form.

If negative balances arise on the customer's Stripe account from payments for its orders (for example through chargebacks or refunds) for which gastrozukunft.de must answer to Stripe, the customer reimburses gastrozukunft.de for these amounts; gastrozukunft.de may set them off against the customer's claims that are due.

Customer obligations to cooperate

The customer provides all necessary content (menus, prices, logos) in due time and ensures that it has the required rights to use such content. Delivery periods are reasonably extended if information or approvals are delayed.

Content responsibility and legal texts

The customer is solely responsible for all content displayed on the customer-assigned subdomain or distributed via printed products (e.g. menus, product photos, prices, descriptions, allergen notices, imprint, privacy policy, restaurant terms). The customer ensures compliance with all applicable legal requirements.

gastrozukunft.de is not obliged to review the content provided by the customer for legal admissibility, completeness or accuracy; otherwise the section "Liability" applies. The customer indemnifies gastrozukunft.de against third-party claims insofar as they are based on content provided or confirmed by the customer or on a use of the system by the customer contrary to the contract, and the customer is responsible for this. This does not apply to content generated by gastrozukunft.de that the customer has not confirmed, nor to the texts for guests prescribed by gastrozukunft.de.

Information suggested automatically by the system – such as allergens, additives, translations or descriptions – consists of suggestions. The customer checks them before showing them to guests and remains responsible towards its guests for their accuracy. For the texts for guests prescribed by gastrozukunft.de (such as privacy notices, mandatory information and notices in the ordering process), gastrozukunft.de is liable in accordance with the section "Liability".

Guest content and the Digital Services Act

Insofar as the online ordering system allows guests to publish content of their own (dish reviews), gastrozukunft.de stores and disseminates this content as a hosting service provider within the meaning of Regulation (EU) 2022/2065 (Digital Services Act, DSA) on the customer's subdomain. For this, gastrozukunft.de operates the point of contact under Art. 11 and 12 DSA, the notice-and-action procedure under Art. 16 DSA and the statement of reasons for decisions under Art. 17 DSA; it decides on notices according to the rules published on the page “How reviews work”. The customer can report content and contest a review, but does not itself delete, hide or change guest content and does not reorder it; this is at the same time an instruction for processing under the supplement “Guest functions”.

The customer provides the texts intended for guests (privacy policy, terms, the page “How reviews work”) in the version supplied by gastrozukunft.de on its subdomain; it can switch the review function off in its admin area. The customer gives no reviews of its own dishes and solicits none; if it violates this, gastrozukunft.de may switch the review function off for it. Unlawful content that comes to the knowledge of gastrozukunft.de is removed without delay (Art. 6 DSA); there is no general monitoring obligation (Art. 8 DSA).

Customer content: notices, measures and statement of reasons (Digital Services Act)

gastrozukunft.de stores the customer's content as a hosting service provider within the meaning of Regulation (EU) 2022/2065 (Digital Services Act). gastrozukunft.de receives notices of illegal content by email to info@gastrozukunft.de, examines them in a timely, diligent and non-arbitrary manner and informs the notifier of receipt and of the decision.

If gastrozukunft.de restricts a piece of the customer's content or the provision of the service because of illegal content or content contrary to the contract, the customer receives a statement of reasons in text form at the latest at that time (Art. 17 DSA) and can raise objections by email. If gastrozukunft.de becomes aware of information giving rise to a suspicion of a criminal offence involving a threat to the life or safety of persons, gastrozukunft.de informs the competent authorities without delay (Art. 18 DSA).

Use of the online system

The online ordering system is provided on a dedicated subdomain. After the agreed term ends, the system may be deactivated unless an extension is agreed; the deletion of the data is governed by the section "Retention and deletion after the end of the contract".

Retention and deletion after the end of the contract

In the absence of instructions to the contrary from the customer, we do not delete its data immediately after the right to use the online ordering system ends: the scheduled deletion takes place no earlier than 90 days thereafter, so that an accidental termination can be reversed and a copy of the data can be requested. Before the scheduled deletion, we announce the earliest possible deletion date in text form at least seven days in advance; until that date, the customer may request a copy of its data. Statutory retention obligations, in particular for invoices and accounting records, remain unaffected; the data concerned is retained until the respective period expires and is blocked for other purposes. Details on the processing of personal data are set out in the privacy policy and the data processing agreement.

Warranty and approvals

For print products, the customer receives an approval version before printing. By approving, the customer confirms content and layout; the approved version is the agreed quality of the print product. If the printed product deviates from the approved version, this is a defect. Statutory warranty rights remain unaffected, as does liability for intent and gross negligence.

Liability

gastrozukunft.de is liable for intent and gross negligence according to statutory provisions. In cases of slight negligence, we are liable only for breach of essential contractual obligations and limited to typical, foreseeable damage. Liability for injury to life, body or health remains unaffected.

Data protection

Please refer to our privacy policy for information on processing personal data at /datenschutz.php . The separately concluded data processing agreement (AV agreement) applies to the processing of personal data on behalf of the restaurant.

Legal details about delegated Stripe Connect data submission on behalf of the restaurant are available here: /stripe_delegation.php

Naming as a reference customer

We may name the customer on our website as a reference – with the name of the business, its logo and a link to its public presence. The customer may object to this at any time without giving reasons; a message to info@gastrozukunft.de is sufficient. Details can be found in the privacy policy in the section “Reference customers”.

Withdrawal and termination

Our offers are directed exclusively at entrepreneurs (§ 14 BGB); there is therefore no statutory right of withdrawal. The Withdrawal Notice is addressed only to consumers (§ 13 BGB) and therefore does not apply to contracts under these terms. The term and termination of the online ordering system are governed by the sections “Online ordering system: subscription, billing and term” and “Free trial period (the "3 months free" campaign)”.

Final provisions

German law applies. Place of jurisdiction, where permissible, is the registered office of the provider. Amendments or additions require text form. If individual provisions are invalid, the validity of the remaining provisions remains unaffected. A new version of these terms applies to existing contracts only once the customer agrees to it; until then the most recently agreed version applies.