Terms and Conditions
Terms and Conditions
by Foodies
as of 27.3.2025
Zeina Massamiri (“Foodies”)
Anny-Angel-Katan-Weg 62
1100, Vienna
Email: info@foodies.com
Phone: +43 677 625 63 352
Scope of the General Terms and Conditions
These General Terms and Conditions (GTC) apply to all orders placed by consumers (hereinafter referred to as “customer” or “consumer”) via the online shop www.Foodies.com operated by Foodies (hereinafter “we”, “us” or “Foodies”). The GTC regulate the contractual relationship between the customer and Foodies for the delivery of food products within the framework of a dropshipping model.
Purpose of the Company
Foodies sells food products to end customers, with deliveries carried out not by Foodies directly but by third parties commissioned by Foodies (dropshipping model).
Foodies’ services are exclusively aimed at consumers (B2C).
Conclusion of Contract
The presentation of products in Foodies’ online shop does not constitute a binding offer but rather an invitation to submit an offer.
The ordering process is as follows:
- The customer places the desired products in the virtual shopping cart.
- The customer enters their name, address, email address, and mobile phone number where indicated in the online shop.
- The customer selects one of the available payment methods and the shipping method.
- The customer has the opportunity to review their information before submitting.
- The customer is shown the pre-contractual information for consumers according to §4 FAGG and §5a KSchG.
- The customer clicks on the “order with obligation to pay” button.
- The customer can again supplement their information.
- The customer clicks the “order with obligation to pay” button, thereby submitting the order bindingly to the seller.
By submitting the purchase offer, the customer accepts these GTC as binding for the purchase transaction.
Foodies confirms receipt of the customer’s purchase offer. This order confirmation does not yet constitute acceptance of the contractual offer. Acceptance is only declared through the dispatch of the goods or an express acceptance declaration.
Product Description and Availability
The product descriptions in the online shop are prepared with the utmost care; however, we accept no liability for errors or changes made by our suppliers.
Since we use the dropshipping model, products are shipped directly from our supplier to the customer. Should a product be unavailable, we will inform the customer immediately and refund any payments already made.
Delivery Dates
Delivery dates will be met by Foodies where possible but are non-binding unless explicitly agreed otherwise. They always represent the anticipated date of provision and handover to the customer.
Shipping generally occurs within one business day after order confirmation. Delivery to the customer takes place within seven business days.
A customer’s withdrawal from the contract due to delayed delivery is only permitted after setting a reasonable grace period. The right of withdrawal only applies to the delayed part of the service.
In case of payment default, the customer is obliged to pay default interest at 4% p.a.
Foodies may also claim compensation for other damages caused by the customer, especially necessary costs for appropriate out-of-court collection or enforcement measures.
Price and Payment
All prices stated in the Foodies online shop are final prices in euros, including statutory VAT.
Payment is due immediately after the order is placed.
In case of non-payment, we reserve the right to refuse delivery.
The customer agrees to receive the invoice exclusively in electronic form (PDF).
Delivery
The delivery area exclusively includes Austria and Germany.
We only deliver to addresses that can be reached via a fixed drivable route by truck. In pedestrian zones and areas with temporary driving bans, deliveries can only be made during permitted times.
The delivery is carried out by our supplier directly to the delivery address specified by the customer, up to the apartment door.
Shipping costs will be displayed to the customer before completing the order. For shipments outside Austria, additional customs duties or taxes may apply, which must be borne by the customer.
We accept no liability for delivery delays or problems caused by the supplier or external factors.
Default of Acceptance
If the customer fails to accept the goods at the agreed time (default of acceptance), Foodies is entitled to store the goods with itself or an authorized third party. Foodies is entitled to charge a storage fee of 0.1% of the gross invoice amount per calendar day started. At the same time, Foodies is entitled to set a grace period for the customer to accept the goods. If the customer lets this period expire, Foodies is entitled to dispose of the goods otherwise.
Customer's Duties
The customer must check the goods immediately upon receipt for defects. If defects in perishable goods are not reported to Foodies within one working day of delivery, a refund of the purchase price, exchange, or price reduction is excluded. A notice of defects must also include suitable proof of the defect’s existence at the time of delivery.
Warranty and Liability
Foodies warrants that the services comply with the agreement and usual properties.
We are only liable for damages caused by intent or gross negligence. Liability for slight negligence is excluded, except in the case of personal injury.
We accept no liability for damages caused by improper storage or handling of the products by the customer.
Retention of Title
Foodies retains ownership of the goods until they are fully paid for.
Customer's Right of Withdrawal
The customer has the right to withdraw from the contract with Foodies without giving reasons within 14 days.
The withdrawal period is 14 days from the day the customer or a third party named by them takes possession of the goods, or in the case of an order delivered in parts, the last partial delivery.
To exercise the right of withdrawal, the customer must send Foodies a clear statement of their decision to withdraw from the contract. The customer can use the attached sample withdrawal form, but it is not mandatory.
In the event of withdrawal, we are obliged to refund all payments received from the customer, including delivery costs, without delay and at the latest within 14 days from the day we receive the notice of withdrawal. The refund will be made using the same payment method used by the customer unless expressly agreed otherwise.
The customer’s right of withdrawal is excluded for the delivery of food products that are unsuitable for return for reasons of health protection, hygiene, or due to their rapid perishability (§18 Abs 1 Z 4 FAGG).
Governing Law
All contracts between the customer and Foodies are subject exclusively to Austrian law.
Severability Clause
If any provision of these General Terms and Conditions is invalid or becomes invalid due to changes in the law, the validity of the remaining provisions shall not be affected. Instead of the invalid provision, a provision shall be deemed agreed upon that comes closest to the intended purpose of the invalid provision. The same applies analogously to gaps in these General Terms and Conditions.
