1.     General, Customers, Language

(1)     The Provider provides a platform on which companies can offer surplus food for sale or donation (hereinafter referred to as Corporate Customer). Registered users (hereinafter referred to as Users) can select from offers of such Corporate Customers and order them through the provider (as an intermediary). The activity of the Provider is limited to the provision of the platform. A contract for food offered on the site comes about solely between the Corporate Customer and the User.

(2)     The following general terms and conditions apply exclusively to the business relationship between the Provider and the Corporate Customer or User (both collectively also referred to below as customer). Divergent general terms and conditions of the customer are not recognised, unless the Provider agrees to their validity in writing.

(3)     Our product offerings are directed to both Consumers and Business Customers (as defined below). For the purpose of these General Terms and Conditions, (i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).

(4)     Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.

(5)     The contracts with the customer are concluded exclusively in English.

2.     Registration

(1)     Anyone who wishes to contact the Corporate Customer via the Provider and purchase their goods, or who would like to sell products to Users as an Corporate Customer, must first register. Registration takes place via the “Register” button in the main menu. As part of the registration; name and surname, a valid e-mail address and telephone number are required, a username and password must be selected, and these terms and conditions accepted.

(2)     Registration details must be truthful. Since some Corporate Customers provide special offers for non-profit customers, therefore, after registration, you must provide appropriate evidence supporting your claim to non-profit status.

(3)     Registration takes place indefinitely. Both parties are entitled at any time, without giving reasons and observing a period of notice, to terminate the license agreement.

(4)     Visiting our website as well as viewing offers can also be done without registration. However, contact is only possible after registration.

(5)     The Provider is entitled to block a user account if the User provides false information or fails to pay the booked item by the way specified in the item description. In relation to Corporate Customers, a blocking can be carried out in particular if false information about the company or the products offered are made, a booked package expires in this case, without the provider owed a (pro rata) refund.

3. Prices and Payment

(1)     For Users, our service is free. It is again pointed out that offers presented on our site come from Corporate Customers. The indicated prices are therefore prices of the enterprise customer, payments are therefore made solely to the enterprise customers.

(2)    For Corporate Customers:
(a) Our prices are exclusive of Value Added Tax (VAT)

(b) The prices for the bookable packages are displayed on our site. Unless otherwise expressly agreed, our invoices are due immediately. The contracts have a fixed term, they automatically end without the need for termination.

(c) Payment is possible via Paypal or by credit card.

(d) The Corporate Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.

(e) If the Consumer defaults on payment, we shall be entitled to demand interest of 9% above the respective base interest rate of the European Central Bank (ECB) from this date. In that regard, we reserve the right to prove higher damages.

4.     Requirements for product descriptions

(1)     The content and graphic design of the product description is the sole responsibility of the Corporate Customer. In particular, it must be ensured that the description, including any image and video material, does not violate any legal provisions, such as a copyright infringement.

(2)     The product provider is obliged to provide consumers with the legally required consumer protection information and to inform them about the existence or non-existence of the statutory right of revocation.

(3)     We are entitled to remove inappropriate content from profiles and offers, as well as to block the corresponding Corporate Customers.

5.     Liability

(1)     The content of individual products of the Corporate Customer is as much the sole responsibility of the Corporate Customer as the existence of the agreed quality of the goods described. Purchase contracts come about solely between Users and Corporate Customers, for disturbances in this ratio, the Provider is not responsible.

(2)     Customer claims for compensation are excluded. This does not apply to claims for damages of the Customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract

(3)     In the event of a breach of essential contractual obligations, the Provider shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages by the customer resulting from injury to life, limb or health.

(4)     The restrictions of paragraphs 1 through 3 shall also apply in favour of the legal representatives and vicarious agents of the Provider, if claims are asserted directly against them.

(5)     The following applies to Corporate Customers: in any case, the liability is limited to the agreed order value i.e the selected package price.

(6)     The provisions of this Section 5 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act

6.     Data Protection

(1)     In the following we inform about the collection of personal data in business transactions. Personal data means all data that is personally available to you, e.g. name, address, e-mail addresses, payment details, ordered goods. The responsible person according to Art. 4 Abs. 7 DS-GVO is: Rolela SARL, 1, Rue de Turi, L-3378 Livange (Luxemburg), contact person: Jerry Schu, phone: +352 278 615, E-Mail: info@rolela.com

(2)     The data is collected, stored and, if necessary, passed on, as far as necessary to provide the contractual services. Therefore the collection, storage and dissemination is carried out for the purpose of fulfilling the contract and on the basis of Art. 6 para. 1 sentence 1 lit. b DS-GVO. Failing to provide this information may lead to the situation that the contract is unable to be closed. If we deliver goods to you, we will pass on your data to the commissioned shipping company, as far as needed for successful delivery.

(3)     To ensure the protection of personal date we maintain current technical measures. These are adapted to be of state-of-the-art quality at the time of use.

(4)     At any time affected persons have the right to request information about the personal data stored about them (Art. 15 DS-GVO). This also applies to the recipients or categories of recipients to whom this data is communicated and to the purpose of the storage. In addition, they have the right under the conditions of Art. 16 DS-GVO, to correct and/or, under the conditions of Art. 17 DS-GVO, to delete and/or under the conditions of Art. 18 DS-GVO to demand to limit the use of. In addition, under the conditions of Art. 20 DS-GVO you can request a data transfer at any time. Personal data is only stored for as long as it is necessary for the contractual purpose (this usually corresponds to the duration of the contract) or where statutory retention periods exist.
In case of processing personal data for the purpose of performing public interest tasks (Article 6 (1) sentence 1 (e) DS-GVO) or for attention of legitimate interests (Article 6 (1) sentence 1 (f) DS -GVO), at any time you may object the processing of personal data with future effect. In the case of objection, we shall refrain from any further processing of your data for the aforementioned purposes, unless
– there are compelling, legitimate grounds for processing that exceed your interests, rights and freedoms, or
– the use is necessary for the establishment, exercise, defence of legal claims or litigation.
You may object the use of the data for direct advertisement at any time with future effect. This also applies for profiling, which is related to direct advertisement. In case of opposition, we shall refrain from any further processing of your data for the purpose of direct advertisement.

(5)     We reserve the right to transmit personal data of the Customer to credit bureaus, as far as this is necessary for the purpose of a credit check, and provided that the Customer expressly agrees in individual cases. Otherwise, we will not forward personal Customer data to third parties without the expressly agreed consent of the Customer, except insofar as we are legally obliged to surrender it.

(6)     The collection, transmission or other processing of personal data of the Customer for purposes other than those mentioned in this Section 6 purposes is not permitted.

(7)     Your payment details will be transmitted to the appropriate payment service provider according to the means of payment you have selected. The payment service provider bears the responsibility for your payment data. Information about, in particular, the responsible department of the payment service provider, the contact details of the DPOs and the categories of personal data processed by the payment service providers are available at the following Internet address:
When paying by Paypal (PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg): https://www.paypal.com/en/webapps/mpp/ua/privacy- full

(8)     All information requests, revocations or objections to the processing of data should be directed to the contact details stated in paragraph 1. For further information, please refer to the full text of the DS-GVO, which is available on the Internet at https://dejure.org/gesetze/DSGVO, and our privacy policy, which is available on our homepage. Furthermore, you have the opportunity to complain to the relevant supervisory authority about data protection matters.

7.     Applicable Law and Competent Courts

(1)     Any contracts concluded between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of law provisions. The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular those of the state in which the Customer as a consumer has his habitual residence, remain unaffected.

(2)     If the Customer is a merchant within the meaning of Sec. 1 (1) of the German Commercial Code, a legal entity under public law or a special fund under public law, the courts competent for Livange, Luxembourg are exclusively responsible for all disputes arising out of, or in connection with, the contractual relationship in question. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.

Imprint

Rolela SARL
1, Rue de Turi
L-3378 Livange (Luxembourg)

Registration court: Luxembourg
Registration number: 10086523/0

Online dispute resolution

The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr
Our e-mail address can be found above in the imprint.
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

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