MyAppCafé GmbH operates a franchise system under “MyAppCafé” in which independent merchants and companies operate MyAppCafé boxes. With this app, the customer can operate the MyAppCafé boxes, place orders for third parties, e.g. “friends and acquaintances”, at his own expense and pay for the coffee specialties he has purchased. The app can also be used to control special functions (e.g. cell phone pictures sprayed on). The ordered products can also be paid for via the app. A number of payment services are integrated for this purpose.
- customer account
The use of the app requires registration with MyAppCafé. Anyone with unlimited or limited legal capacity who has reached the age of 16 can register. All registration information must be complete and truthful. If personal circumstances change (e.g. e-mail, telephone number), the registration data must be updated via the MyAppCafé homepage. In the event of irregularities, MyAppCafé is entitled to delete the user account.
During the ordering process, the customer selects the MyAppCafé box from which he would like to purchase one or more products. As a rule, this will be a MyAppCafé box that is located in the immediate vicinity of the customer’s location.
The app can also be used to invite third parties to purchase a MyAppCafé product. To do this, the user creates an order for a selected product from a MyAppCafé box (“invitation”) to be determined. When this order is sent to the third party, the displayed amount is collected from the app user and the third party can redeem this order within a period of 6 months at the selected MyAppCafé box.
A credit is collected for orders through the app. This balance will be deducted from the 1st to the 15th of the following month. After that, the credit expires.
- Contractual partner and conclusion of contract
The customer concludes the contract for the purchase of MyAppCafé products with the operator of the selected MyAppCafé box. The contract is concluded as soon as the customer has entered the required information into the app and completed the order by pressing the “order” button. As a result, the customer makes a binding offer to conclude a contract, which is accepted by the respective operator of the MyAppCafé box by accepting the order at the box. When a third party initiates the purchase of a product from a MyAppCafé box, the contract is concluded when the operator of the MyAppCafé box agrees to the forwarding of the order (voucher) to a third party in electronic form.
The operator of a MyAppCafé box is entitled to refuse orders if the products are temporarily unavailable or if there are reasons that justify deleting the customer account.
The customer cannot revoke an order since all MyAppCafé products are individually manufactured and can spoil quickly (§ 312 g Para. 2 No. 1 and 2 BGB).
- complaint management
If the customer has a legitimate reason for a complaint with regard to the order or the execution of the order, his contact person is the operator of the MyAppCafé box he has selected.
The app provides a function with which complaints or other notifications can be sent. MyAppCafé will immediately forward these complaints to the respective operator of the MyAppCafé box upon receipt. Further correspondence is to be conducted between the customer and the operator of the MyAppCafé box.
The customer is obliged to pay for the order he has placed. Payment can be made through one of the online payment services linked to the app. To do this, the customer must enter the required data for the payment service he has selected into the app. This data can be stored in the app so that the existing data can be accessed for a further payment process. The data stored for the payment service can be changed or deleted by the customer at any time.
When ordering via our app, your contractual partner is the owner of the respective coffee box.
- Warranty and liability
The contractual relationship is established between the customer and the respective operator of the MyAppCafé box. Any liability and warranty claims must be asserted against the respective MyAppCafé box operator.
MyAppCafé is not liable for the correctness and completeness of the information about the MyAppCafé boxes operated by third parties and the associated range of goods. There is also no liability towards MyAppCafé for the execution of the contract.
MyAppCafé is not liable for the loss, delay, alteration, manipulation and/or misdirection of data when entering, collecting or transmitting data that is generated by other services, e.g. B. data networks (Internet), telephone connections, etc. were caused. In the event that MyAppCafé violates an essential obligation, liability is limited to the damage that was typically foreseeable at the time the contract was concluded. Significant contractual obligations are those whose observance make the execution of the contract possible in the first place or the violation of which jeopardizes the purpose of the contract. If MyAppCafé is guilty of intent or if the breach of contract involves a physical impairment of the customer, liability is unlimited.
- Dispute Resolution Procedure
MyAppCafé is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and will not voluntarily participate in such a process. Otherwise, the provisions of the data protection declaration apply.