Terms of use servier.bar

Please read the terms of use carefully. These Terms of Use govern the use of the app.servier.bar and the use of other services that are currently or will be provided by servier.bar in connection with the app.servier.bar. The separate privacy policy (see under https://servier.bar/datenschutzerklaerung/) is not part of these terms of use. However, please also read the privacy policy carefully.

By using the app.servier.bar, you agree to these terms of use. If you do not agree to these terms of use, you may not use the app.servier.bar. You are also responsible for compliance with the terms of use if you leave your smartphone on which the app.servier.bar is open to others and they use the app.servier.bar. The app.servier.bar is aimed at people who are at least 18 years old.

§ 1. general

For the sole purpose of better readability, gender-specific spelling has been omitted. All personal designations in these terms of use are therefore to be understood as gender-neutral.
These Terms of Use apply to the use of the app.servier.bar offered by servier.bar GmbH (hereinafter referred to as servier.bar), represented by the managing directors Benedikt Hitzler and Daniel Binder, Schillerstraße 1/4, 89077 Ulm, phone: +49 (0) 731 85075960, e-mail: [email protected] and all related services (hereinafter also referred to collectively as services).
The use of app.servier.bar is expressly governed by these Terms of Use. Terms and conditions deviating from these shall only apply if servier.bar has agreed to them in writing.

§ 2. services

With the free app.servier.bar, you can view, order and pay for catering services online in a menu.
Servier.bar provides the platform with the web APP.
The providers of the catering services and contractual partners are the catering establishments (hereinafter also referred to as establishments) that offer their catering services via app.servier.bar.
The platform and catering services are therefore different, independent services provided by different contractual partners.

§ 3. functionality

The main functions of the APP are described below. This is a description for information purposes and not a quality agreement or an agreement on specific functions.

§ 4 Technical requirements

To use the app.servier.bar, you need an internet-enabled mobile device. The app.servier.bar can be used with Chrome, Firefox and Safari browsers.
Servier.bar is not responsible for access and connection to the Internet. The user may incur separate costs from the Internet provider for this.

§ 5. use of the app.servier.bar

No registration is required to use the app.servier.bar. However, by placing a paid order you agree to our terms of use.
By accepting the terms of use, a contract of use is concluded between you and servier.bar.
You receive the free, simple, non-transferable right to use the app.servier.bar on your end device.
In the case of self-service on site, pick-up or use of a delivery service, you must enter your e-mail address and any other data beforehand.

§ 6 Obligations of the users

You are responsible for the accuracy of the data you provide. Servier.bar does not check these.
app.servier.bar may only be used for your own purposes and may not be passed on to third parties.
You are obliged to comply with the applicable statutory provisions when using the app.servier.bar, to ensure that you do not infringe any third-party rights when using the app.servier.bar and that the data and information you transmit is lawful.

In the event of a breach of this provision, servier.bar is entitled to temporarily suspend your access to the app.servier.bar in whole or in part with immediate effect.

The technical access requirements and security precautions of app.servier.bar may not be circumvented.

§ 7. order

Using the digital menu, you select the gastronomic services in the app.servier.bar and place them in the shopping cart. The offer to order is subject to the express reservation that it is available and that the service is ordered within the current business hours. It is not possible to order or deliver outside the business area or the current business hours.
For cashless payment, tips can be added directly in the app.servier.bar.
The order and the total amount of the order, plus tip if applicable, will be displayed in the shopping cart. The selection or input errors can be changed in the shopping cart. The order can be canceled at any time by closing the browser.
By clicking the button “Order with obligation to pay” and receiving the order confirmation, a hospitality contract is concluded between you and the restaurateur.
Once the order has been placed, it can no longer be changed or canceled in the app.servier.bar. You must contact the company directly, which can change or cancel the order at its discretion. servier.bar will send you the contact details with the respective order confirmation.
There is no statutory right of withdrawal when ordering catering services.
Orders for third parties can be placed via app.servier.bar. As the customer, you then owe the payment. In the event of claims against third parties for whom the order was placed, you are obliged to provide the name and address of the person for whom you placed the order upon request so that claims can be asserted against them.
As a legal guardian or with the consent of a legal guardian, you can also order for minors. In this case, you have the duty of supervision and are responsible for compliance with the Youth Protection Act.

§ 8. payment

You can pay in cash on site or in the app.servier.bar using the payment function.
Payment is due immediately with the order.
The third-party payment services displayed in the app.servier.bar can be used. In order to use a payment service, a user account must first be opened there. Servier.bar is not responsible for these payment services and does not offer them itself. Additional fees may apply when using payment services. Servier.bar also provides a common and reasonable free payment option.
When you place an order with the payment function, your account will be debited with the amount due. Repayments are always made to the same account.
Any misuse of your data or the payment function of app.servier.bar must be reported to servier.bar immediately. If servier.bar suspects such misuse, servier.bar may block you. servier.bar will inform you of any such blocking by e-mail.
The purchase price will be refunded if an order cannot be carried out properly. You will receive a message about this from the company. You can then place a new order via the app.servier.bar.

§ 9. changes to services

Servier.bar is entitled at any time to change services provided free of charge, to make new services available free of charge or for a fee and to change the provision of free offers.

§ 10. provision and availability

Servier.bar endeavors to ensure that the app.servier.bar is available 24 hours a day, 365 days a year, but does not commit itself to uninterrupted availability. Servier.bar guarantees a service availability of 96% per year. Liability for the unavailability of app.servier.bar is limited to cases in which servier.bar is at fault.
Servier.bar shall make every reasonable effort to eliminate such faults immediately or to work towards their elimination.
When determining the availability or the availability rate, downtimes that concern planned maintenance or possible failures of technical systems / network components outside the area of responsibility of servier.bar shall not be taken into account.

§ 11 Term and termination

The contract of use can be terminated by you at any time and by servier.bar with a notice period of two weeks in text form (e.g. by e-mail) without giving reasons.

§ 12 Liability

Servier.bar is liable for intent and gross negligence.
If servier.bar is not liable without limitation in accordance with clause (1), servier.bar shall, however, only be liable for the foreseeable damage typical for the contract, for the negligent breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the customer may regularly rely.
The above exclusions of liability shall not apply in the event of injury to life, limb or health.
The mandatory liability under the Product Liability Act remains unaffected.
Any further liability on the part of servier.bar is excluded.
The above shall also apply to breaches of duty by servier.bar’s vicarious agents.

§ 13. platform of the EU for online dispute resolution (OS)

The European Commission provides a platform for online dispute resolution (OS), which can be accessed at http://ec.europa.eu/consumers/odr/ is to be found. The details can be found in the link above.
servier.bar is not obliged or willing to participate in dispute resolution proceedings under the German Consumer Dispute Resolution Act (VSBG).

§ 14 Other contractual provisions

There are no ancillary agreements to this contract. General terms and conditions of the user of app.servier.bar shall not apply, even if they have not been explicitly objected to.
The contract is subject exclusively to the law of the Federal Republic of Germany. If a user has his habitual residence in another country within the European Union at the time of conclusion of the contract, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law made in the preceding sentence.
The place of jurisdiction is – as far as permissible – the competent courts for the judicial district of the city of Ulm. Ulm is agreed as the place of jurisdiction if the user is a consumer and does not have a general place of jurisdiction in Germany or moves his domicile or habitual residence outside the territory of the Federal Republic of Germany after conclusion of the contract or his domicile or habitual residence is not known at the time the action is brought.
Should individual provisions of this contract be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. However, the parties undertake to replace the invalid provision with a provision that comes as close as possible to the economic intention of the invalid provision. The same applies in the event of any contractual loophole.