Terms and Conditions

TERMS AND CONDITIONS (T&Cs) OF Every GmbH (as of April 17, 2024)

§ 1 Scope, Contract Subject, Amendment of the T&Cs

(1) These Terms and Conditions (hereinafter referred to as "T&Cs") of Every GmbH, Paul-Lincke-Ufer 7C, 10999 Berlin, Email: hello@every-foods.com, (hereinafter referred to as "Every", "we" or "us") apply exclusively to orders and deliveries made to the customer (hereinafter also referred to as "you" or "your"). The inclusion of the customer's own terms and conditions is hereby rejected unless otherwise agreed. Our current T&Cs can be viewed at https://every-foods.com/rules.

(2) The subject of the contractual relationship between Every and you is the recurring provision and delivery of goods such as ready meals, groceries, and recipes, including add-ons or other products. Additionally, you can order gift vouchers to redeem at Every. There is no interest or cash payout on the balance of a gift voucher either to you or to third parties. Our offer is aimed at end consumers in Germany. Thus, the goods you order or the gift voucher you purchase are not intended for resale. Orders are only accepted in household quantities unless otherwise agreed.

(3) Every reserves the right to change these T&Cs with future effect, e.g. due to adjustments to our offer, legal requirements, supreme court rulings, or changes in market conditions. We will inform you in advance of the intended changes by electronic communication, such as email, at least one month in advance and point out your right to object. You agree to the changes to these T&Cs if you do not exercise your right to object within the specified period and continue to purchase our goods after the changes take effect. If you object to the changes to these T&Cs, Every reserves the right to terminate the contractual relationship.

§ 2 Registration of a Customer Account, No Disclosure of Data

(1) The offers of Every, including the registration of a customer account, are aimed at persons who have reached the age of 18. If you are under 18 years old, the supervision and consent of the legal guardian is required for using the offers of Every.

(2) To use Every's offers, you register with a customer account via Every's website.

(3) When registering a customer account, you must provide an email address and a phone number (hereinafter: access data). You agree to use an email address that you are authorized to use. During registration, you complete your user account with additional truthful data, consisting of first and last name, delivery/billing address, and a phone number. Furthermore, a payment method, such as a credit card or a PayPal account, must be provided during the registration process. Additional payment methods, if available, can be added during the registration or later in the contractual relationship. Your information provided during the registration process must be accurate and up-to-date, and must remain accurate and up-to-date throughout the contractual relationship with Every.

(4) The access data must not be disclosed to third parties and must be kept secure and inaccessible to unauthorized persons. The loss or knowledge of the access data by third parties must be reported to Every immediately. The customer is liable under the statutory provisions for any culpable misuse of their access data by third parties, e.g. for orders and resulting claims.

§ 3 Non-binding Information, Product Images, Contract Conclusion

(1) Information about our goods and prices before the conclusion of the contract is subject to change and non-binding.

(2) Our product images do not always correspond to the actual appearance of the delivered goods. There may be changes in the appearance and features of the goods due to product renewals by manufacturers or suppliers. Seasonal conditions, such as weather changes, may also lead to a replacement of individual items in your chosen dishes before delivery.

(3) A contract between Every and you is concluded as follows: You can submit a legally binding offer by completely filling out and confirming the order form provided by Every after registering with truthful data in your customer account. You specify the composition of the delivery box, including the size of the box. By clicking the button "order with payment obligation", you make a binding offer to regularly receive the selected box and the underlying subscription contract (see also § 5 para. 1 of these T&Cs) or for an add-on, another product, or a gift voucher. Confirmation of receipt of your order is provided by an automated email from Every. This order confirmation does not yet constitute acceptance of the offer by Every. Every can accept the offer either by sending a binding acceptance or by sending the ordered goods or the ordered gift voucher. Only with the acceptance of the offer by Every does a claim for delivery of the goods or the gift voucher arise. Until then, Every can refuse acceptance of the offer at any time without giving reasons. The presentation of the respective goods in Every's online shop does not constitute a legally binding offer but an invitation to submit an offer.

§ 4 Notice of Statutory Right of Withdrawal for Consumers

(1) The ready meals, groceries, or add-ons distributed by Every are perishable goods or goods that must be kept frozen to avoid spoiling. Therefore, the customer does not have a right of withdrawal (§ 312g para. 2 no. 2 BGB).

(2) This does not affect your right of withdrawal for gift vouchers (see § 1 para. 2 of these T&Cs) or for goods that are not covered by § 312g para. 2 no. 2 BGB. The following cancellation policy applies to these goods:

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us with the contact details below:

Every GmbH
Paul-Lincke-Ufer 7C
10999 Berlin
Email: hello@every-foods.com

by means of a clear statement (e.g., a letter sent by post, fax, or email) about your decision to withdraw from this contract. You can use the attached sample withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (except for the additional costs arising from your choice of a different type of delivery than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the communication about your withdrawal from this contract. We will use the same means of payment for this reimbursement as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Sample Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and send it back.)

To:
Every GmbH
Paul-Lincke-Ufer 7C,
10999 Berlin;
Email: hello@every-foods.com

I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
__________________
— Ordered on (*)/received on (*)
__________________
— Name of consumer(s)
__________________
— Address of consumer(s)
__________________
— Signature of consumer(s) (only if this form is notified on paper)
__________________
— Date
__________________
(*) Delete as appropriate
End of the cancellation policy

§ 5 Contract Duration, Changes, Contract Scope, Termination, Pausing

(1) The contract with us for the recurring provision and delivery of goods is concluded for an indefinite period (hereinafter also referred to as the "subscription contract"). Only in specially marked cases, such as trial boxes or for the redemption of vouchers intended for this purpose, can there be a fixed-term contract or a fixed number of deliveries.

(2) For a fixed-term contract or a fixed number of agreed deliveries, the contract ends with the expiration of the term or with the delivery of the agreed deliveries. A separate termination is not required in these cases. Furthermore, the contractual relationship in these cases is not automatically renewed.

(3) The subscription contract can be changed by you or Every at any new week up to 48 hours before the delivery is created. Deviations from this rule can be communicated by Every in special cases, such as due to holidays.

(4) The scope of the subscription contract is based on your specifications in the customer account, i.e. the composition of the box according to your preferences, including the size of the box, consisting of the number of meals. You continuously determine the composition of your meals in the box from the available products in accordance with the deadlines mentioned in § 5 para. 3 of these T&Cs. If you do not make a menu selection before the deadlines mentioned in § 5 para. 3 of these T&Cs, you will receive a box with goods that Every has preselected based on your specifications, including the size of the box and previous orders.

(5) You can change the specification and size of the box before each new week subject to the deadlines mentioned in §5 para. 3 of these T&Cs. Additionally, you can add add-ons to the box once, without these becoming part of further deliveries in subsequent delivery intervals.

(6) Termination is possible weekly and is subject to the deadlines mentioned in §5 para. 3 of these T&Cs. The decisive factor is the time of receipt of the termination. Termination before receipt of the first delivery of a box is not possible. The termination must be communicated to Every in text form. In the event of a timely termination of the contractual relationship, you will be refunded the amount for any paid but not delivered orders.

(7) Every is entitled to cancel orders of the customer and terminate the contractual relationship with the customer if there are indications that the customer violates applicable law or contractual provisions, including these T&Cs, in the contractual relationship with Every.

(8) Instead of termination, the delivery of a box can be paused at any time via the customer account. The respective deadlines according to § 5 para. 3 of these T&Cs for the receipt of the declaration apply accordingly. Pausing is valid for the selected period and must be done separately for each weekly delivery date.

§ 6 Delivery, Delivery Requirements, Transfer of Risk, Retention of Title

(1) Every ships orders of goods only to addresses in Germany that can be delivered by a delivery service. Delivery to automated parcel or packing stations is not made. If the contract relates to a gift voucher, the gift voucher will be sent to an email address specified by you.

(2) Every sends the goods selected by you or preselected by us in a box to the address you have stored in your customer account. An address change is only possible within the same country. For the earliest possible time at which address changes can be taken into account, § 5 para. 3 of these T&Cs applies accordingly.

(3) Delivery is made using transport packaging suitable for frozen goods and dry ice within 1-3 working days. You ensure that personal handover of the goods is possible at the delivery address you specified in your customer account on the delivery day you selected. The delivery day can be changed continuously in the customer account after registration and the first order, subject to the deadlines mentioned in § 5 para. 3 of these T&Cs.

(4) If personal handover of the goods is not possible, the contract can also be fulfilled by delivering the goods to a neighbouring household or business, provided you have expressly authorized us to do so for the individual case or permanently. Neighbouring households or businesses preferably include recipients in the same building as the addressee. In addition, delivery can be made to recipients of a neighbouring household who are within walking distance of the delivery address (e.g., same residential complex, opposite side of the street, or neighbouring houses). Alternatively, the goods can be delivered to a parcel shop if you have expressly authorized us to do so for the individual case or permanently.

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