General terms and conditions

General Terms and Conditions of the Bringmos online-platform www.bringmos.com as well as the Bringmos app (GTC - Customers)

The following General Terms and Conditions apply to the order of goods by buyers or customers via the online-platform on the website www.bringmos.com as well as to orders in the Bringmos app for Android & iOS (in the following "Bringmos" called). Bringmos is operated by the managing directors Peintner Maximilian and Pörnbacher Emanuel, (Bruggwaldstrasse 35, 9008 St. Gallen) Email: info@bringmos.com (in the following named "Supplier"). For possible special promotions (e.g. loyalty or bonus programs) separate conditions apply, if necessary, which will be pointed out together with these terms and conditions before conclusion of the contract

Subject matter of the contract, parties

Bringmos is an online marketplace operated by the provider through which products and services (food, beverages, groceries, etc.) offered by third party companies, among others in the areas of delivery services, catering and supermarkets, are sold to consumers and entrepreneurs. Commercial traders and service providers, who are entrepreneurs in the sense of the applicable law, (hereinafter referred to as 'restaurant') who offer products and services and sell them to consumers (hereinafter referred to as 'buyers' or 'customers') can register on Bringmos. Bringmos serves as an intermediary for the conclusion of the contract between the customers and the restaurant as well as for the technical processing of these sales.

In your case, the supplier mediates a contract between you and the restaurant(s) indicated on the order confirmation when the order is placed. The Supplier will accept all orders on behalf of the restaurant and will transmit them to the restaurant, which will be responsible for the proper processing of the order and for updating the 'Order Statu', which will show the Customer the current status of the order

The supplier is not the contracting party regarding the articles and services offered on Bringmos, but is only the mediator and technical supplier of the contract concluded between restaurant and customer. Contracts, which are concluded on Bringmos, entitle and oblige only the involved customers and restaurants. In this case, the Supplier assumes the mediation of the conclusion of the contract by providing the platform, presenting and advertising the offers of the restaurants as well as receiving and submitting the declarations of the restaurants relevant for the conclusion of the contract, without submitting a declaration of his own.

The offerer makes adjustments to the contents delivered by the restaurant if necessary to the Bringmos design and formatting, but does not check in principle whether the offers and other contents posted by the restaurants on Bringmos as well as information given by customers are lawful, truthful and complete. The contents posted by the restaurants and customers do not reflect the opinion of Bringmos or its providers.

Conclusion and execution of the contract between customer and restaurant

Placing the article on Bringmos does not yet represent the binding offer of the restaurant. The offer to conclude the purchase contract is the binding sending of the order by the customer after he has placed the goods in his shopping cart and finished his selection by clicking the 'order now' button on the order page.

Before the binding sending of the order, the customer has the possibility to check and correct all the data entered by him.

The sales contract between the restaurant and the customer is concluded when the Supplier notifies the customer on behalf of the restaurant that the order has been received AND when the Customer's order status changes from 'Waiting' to 'Accepted'. In this way the Restaurant confirms that the order has been processed. Without this confirmation the contract is invalid and the restaurant is released from any obligation to the customer

All offers of alcoholic beverages are directed exclusively to persons who have reached the age of 18. The customer shall be obliged to ensure that only he himself or a person of full age authorized by him to accept the delivery shall accept the delivery of goods. The Supplier reserves the right not to forward the order to the restaurant in individual cases. The customer is obliged to be available at the contacts indicated by the Supplier for any queries and for the delivery itself during the time relevant to the order and the time indicated for the expected delivery.

The customers pay the restaurant directly upon delivery or via the online payment service provided. Bringmos as well as its suppliers are at no time part of the payment transaction as all transactions take only place between the customer and the restaurant.

It is at the discretion of the Provider and the restaurant which payment methods are offered for payment processing. These will be communicated to the customer during/at the end of the ordering process and may be made available for selection.

On Bringmos the customer has the possibility to order all goods offered by the restaurant. These can also be fresh food such as fruit and vegetables. Due to the freshness and perishability of these goods, the delivery of these goods is an absolute fixed deal. It is not possible to return these goods or to have them delivered again. During the delivery period specified by the restaurant, the customer is obliged to ensure that the goods ordered can be received either by the customer or by a person designated by the customer to receive them. If the goods cannot be handed over to the customer or to the person designated by the customer to receive them, the customer shall bear the costs of returning the ordered goods.

Payment

Orders must be paid by the customer in cash on delivery of the goods, paid online before sending the order, or otherwise if agreed with the restaurant. The Supplier does not process any payments, neither in the App nor via the platform on www.bringmos.com, and is therefore excluded from any payment transactions

In addition to cash payment, the provider also enables customers to use various online payment services, such as credit card, Apple Pay or Google Pay.

Whether these services are available at each restaurant depends on whether the restaurant in question activates online payment services or not.

Liability

All contents set up on Bringmos are exclusively those of the respective restaurant. The provider does not adopt them as his own. The Supplier does not guarantee that the food and beverages offered correspond to the descriptions

The product images provided on Bringmos are for illustration purposes only and are symbol images which are partially automatically generated by the system of the supplier based on the ingredients. Bringmos as well as the respective restaurant reserve the right to make reasonable deviations from the symbol images.

The customer is liable in the event of infringement of third party rights or in the event of a breach of statutory regulations or requirements by himself and directly. The customer undertakes to indemnify the supplier against all claims for damages by third parties arising from the customers failure to comply with the obligations arising from these General Terms and Conditions, the violation of third party rights or the customers violation of statutory regulations or requirements.

The provisions of the warranty law (Art. 1490 Codice Civile (Cc) remain expressly unaffected.

In the contractual relationship between the customer and the restaurants, the statutory warranty rights shall apply.

Liability of the restaurant

In the contractual relationship between the customer and the restaurant, the statutory warranty rights shall apply.

The restaurants are liable for damages - regardless of the legal grounds - in the event of intent and gross negligence. In cases of less than gross negligence, the Restaurants shall be liable in each case only for damages arising from injury to life, limb or health and for damages arising from the violation of an essential contractual obligation (i.e. an obligation the fulfillment of which is essential to the proper performance of the contract and on the fulfillment of which the end customer regularly relies and may rely).

In the event of a breach of a material contractual obligation, however, the restaurant's liability shall be limited to compensation for the foreseeable, typically occurring damage.

In so far as the liability of the restaurant is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.

The provisions of the Product Liability Act shall remain unaffected.

Evaluation of the restaurant

The supplier offers the customers on Bringmos the possibility to evaluate the services of the restaurant in the processing of the order placed by the customer (e.g.: by comments or the awarding of stars). If the customer leaves a rating of a restaurant, the supplier is entitled to display the profile photo used by the customer in his account next to the name of the customer, if he is registered on www.bringmos.com

The provider is entitled, but not obliged, to make these ratings on Bringmos visible for all users of Bringmos. An evaluation of the customer on Bringmos represents exclusively his opinion, which the provider does not adopt as his own

The provider reserves the right to delete the ratings given by the customers independently or in agreement with the restaurant concerned.

Other

The provider reserves the right to change these terms of use at any time and without giving reasons. The main service obligations to be fulfilled by the parties will remain unaffected by these changes. The customer shall be notified of the amended terms and conditions before they come into force. If the customer does not object to the validity of the new Terms of Use within four weeks (after receipt of the above-mentioned notification), the amended Terms of Use shall be deemed accepted

If individual provisions of these general terms and conditions are or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of this contract including the remaining general terms and conditions. The invalid provisions shall be replaced by the statutory provisions. This shall also apply in the event that the general terms and conditions of business should contain an unforeseen gap.