Terms and Conditions:
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General Terms and Conditions of Business and Website Use
By using this site you accept the following terms of use
General Terms of Use of Pronto Volante GmbH
§ 1. General
Pronto Volante GmbH ("PRONTO VOLANTE ") operates the online portal pronto-volante.at.
The platform is a portal for ordering food over the Internet. Customers ("Users") have the opportunity to order food and drinks as well as merchandise from PRONTO Volante. PRONTO VOLANTE takes care of the registration, processing and production of the orders, as well as payment processing.
The content and services on PRONTO VOLANTE are self-explanatory, can be called up on a daily basis and are subject to constant change. There is no obligation to provide the platform or to list specific providers. PRONTO VOLANTE endeavors to keep the content and offers of the services up to date. Since the menus and the food and product descriptions partly come from third parties - namely the providers - PRONTO VOLANTE cannot accept any responsibility for the content, its topicality, correctness and admissibility. PRONTO VOLANTE is entitled at any time to discontinue the offer on pronto-volante.at in whole or in part without giving reasons.
Declarations by both parties are also effective if they are written and transmitted by SMS, MMS, e-mail, fax or other means of communication.
§ 2 Scope
These terms of use apply to the use of the platform. With the consent of the user when registering or when placing an order, the terms of use apply to all future orders by the user.
The operator of the platform is PRONTO Volante GmbH, FN 392628w, Commercial Court of Vienna. The contract for ordering food is concluded directly between the user and Pronto Volante GmbH.
The terms of use also apply if the platform or parts thereof are used from other websites.
§ 3 Registration option
Use of the platform and in particular orders are possible both with and without prior registration by the user. Any registration of the user takes place by entering his name, home address, telephone number and e-mail address and choosing a password. The user is obliged to only provide truthful information and to keep it up to date.
PRONTO VOLANTE expressly reserves the right to accept or reject a registration by the user without giving reasons. If PRONTO VOLANTE accepts a registration, a separate user area will be activated for the user, in which he can place and view his orders.
The user is obliged to keep his password for his user area secret. When ordering food, PRONTO VOLANTE can only check whether the password matches the one selected by the user. PRONTO VOLANTE does not have any further inspection requirements. Anyone who logs into the platform with the user's password is deemed authorized to place food orders for the user.
PRONTO VOLANTE is entitled to block or delete the user area at any time without giving reasons. This also applies in particular if the user has not visited his account for an uninterrupted period of at least one year. PRONTO VOLANTE will in any case - with the exception of blocking due to suspected cases of abuse and imminent danger - notify the user by e-mail 14 days before the actual deletion to the e-mail address provided by the user send. In the case of planned deletion due to inactivity, this will not be implemented if the user logs into his account within this period.
§ 4 Conclusion of contract
The food offers on the platform come exclusively from PRONTO VOLANTE. These food offers posted on the platform are non-binding. The order placed by the user via PRONTO VOLANTE is the user's binding offer to conclude a food delivery contract with the provider. By submitting his order, the user confirms his legal capacity. With the order, the user agrees to any general terms and conditions of the provider listed on the platform.
The - total or partial - acceptance of the customer's offer takes place through a separate confirmation from the provider - depending on the user's choice when placing the order - by e-mail, by electronic declaration by the provider in the personal user area on the platform or by telephone. The provider is not obliged to accept orders.
Contract language is German.
§ 5 Prices and Payment
The prices listed by the providers on the platform are end consumer prices including sales tax. The costs shown in the course of the ordering process are incurred as delivery costs.
Payment of the purchase price is possible using the methods provided on the platform. The purchase price is due immediately upon acceptance of the order by the provider. The amount equal to the purchase price is either debited from the credit card, Paypal account or Paybox/mobile phone specified by the customer when the order is accepted by the provider, paid by immediate transfer or, in the case of delivery, directly to the provider’s employee after signing a confirmation of receipt.
§ 6 Warranty, money-back guarantee
A contract with the provider is only concluded with the acceptance by the provider. The user is not entitled to any claims against PRONTO VOLANTE for non-acceptance of the order.
Any complaints are to be clarified directly in the relationship between the user and the restaurant, immediately after acceptance of the order by telephone or e-mail, or with the supplier directly.
PRONTO VOLANTE grants the customer a money-back guarantee for online payments with immediate transfer, Paypal, Paybox/mobile phone or credit card until further notice: If the goods are demonstrably (photo proof preferably by email to office@PRONTO-volante.at) not in order and the type and quality does not correspond to the ideas of the customer, the amount will be refunded without further ado, or a replacement delivery will be offered on the same day at no additional cost.
This also applies in the event that qualitative defects are confirmed or the order was not carried out properly for other reasons beyond the user's control.
§ 7 Liability
PRONTO VOLANTE operates the platform and is only responsible for self-created content. We are not responsible for the content of independent providers.
The user acknowledges that PRONTO VOLANTE does not reserve specific server capacities for the platform and that the service depends on the internet connection. Accordingly, PRONTO VOLANTE cannot assume any responsibility for the permanent availability of the platform. Therefore, PRONTO VOLANTE rejects any warranty, liability and costs for connection errors and misuse by third parties. Furthermore, PRONTO VOLANTE endeavors to minimize the likelihood of errors and misuse by using current technologies.
§ 8 data protection
A high level of data protection is important to PRONTO VOLANTE . When using the platform, PRONTO VOLANTE stores the following information about the user for the purpose of ensuring the functionality of the platform and better service to the user.
(1) Consent to data processing
The personal data provided by the user to PRONTO VOLANTE within the framework of the business relationship (first name, surname, postal address, e-mail address, telephone number, payment details) ("data") will be processed by PRONTO VOLANTE _cc781905-5cde -3194-bb3b-136bad5cf58d_stored and processed exclusively for the mediation of food delivery and contract processing as well as to increase the user comfort of the website.
The personal data collected by PRONTO VOLANTE will not be communicated to third parties, except to the extent necessary for the fulfillment of the food delivery contract by the provider chosen by the user or due to a legal obligation. PRONTO VOLANTE will therefore make the order data of its customers available to the deliverers and employees of PRONTO Volante GmbH. PRONTO VOLANTE can also pass on anonymous lists and evaluations that cannot be traced back to individual users to advertising partners and providers or use them for their own purposes. PRONTO VOLANTE reserves the right to use service providers to carry out the agreed data processing.
Any cooperation with partners or special campaigns that involve further data processing are marked as such and a separate consent from the user to the transfer of data to third parties is requested. The user hereby expressly agrees to the use of said personal data for marketing purposes by PRONTO VOLANTE, in particular the sending of electronic advertising messages in accordance with § 107 of the Telecommunications Act 2003 and newsletters as well as advertising telephone calls. The user can consent to the use of the data for PRONTO VOLANTE marketing purposes and consent to being contacted for advertising purposes at any time – also separately from each other – by email to office@PRONTO-volante.at. withdraw.
(2) Security
PRONTO VOLANTE makes efforts, at its own discretion, to ensure the data security of the data stored by the user. Any payment information is only requested in the context of a specific transaction and only stored for a specific transaction. Payment data is only stored in encrypted form and cannot be restored.
(3) Use of Google Analytics
The platform uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). For this purpose, Google Analytics uses so-called "cookies", text files which are stored on the user's computer and which enable an analysis of the use of the website of the online portal by the user. The information generated by the cookie about the use of this website (including the IP address of the user) is transmitted to a Google server in the USA and stored there. Google will use this information to evaluate the use of the website, to compile reports on website activity for the website operator and to provide other services related to website activity and internet usage. Google may also transfer this information to third parties if required to do so by law or if third parties process this data on Google's behalf. Under no circumstances will Google associate the user's IP address with other Google data. The user agrees to the collection and processing of data by Google in the manner and for the purposes set out above. The user can prevent the installation of cookies by setting their browser software accordingly and thus object to further data collection. In this case, not all functions of the platform may be fully available to the user.
(4) PRONTO VOLANTE cookies
COOKIES FOR STATISTICAL PURPOSES
Regardless of any use of Google Analytics, when using the platform PRONTO VOLANTE uses cookies for statistical purposes to collect data and information from the user or about his use of the platform (e.g. IP address, pages viewed ). PRONTO VOLANTE only creates general statistics from this data in order to be able to better design the platform according to the needs of the users. The statistics are anonymous, the individual data cannot be traced back to specific persons or IP addresses. PRONTO VOLANTE is entitled to use these anonymous statistics for its own purposes and to pass them on to third parties.
USER SETTINGS COOKIES
PRONTO VOLANTE also uses temporary cookies to enable the user to use the platform more conveniently. These cookies allow user settings to be adapted according to the needs of the user.
Declaration of Consent Cookies
The user expressly agrees to the use of cookies for statistical purposes as well as for the adaptation of user settings. The user is free to accept cookies only in individual cases or to reject them completely by making the appropriate settings in his browser and thus to revoke this consent at any time. If cookies are rejected, the use of the platform or individual services may not be possible or only possible to a limited extent for technical reasons.
(5) Social media platforms (Facebook, Tripadvisor)
The platform may contain programs operated by social media platforms, such as Facebook in particular. These programs are identified by icons. When visiting the marked websites, these programs establish a direct connection between the user's browser and the server of the social media platform. If the user is logged in to the social media platform while visiting the platform and clicks on the symbol, he can link the content of the website to his account. PRONTO VOLANTE has no knowledge of the content of the data transmitted in this way or its use by the social media platforms. The user can obtain information on this directly from the respective operators. If the user does not want the websites to be assigned to his account and data to be transferred, he must log out of his social media account before visiting the platform.
(6) Left
The platform contains links to other websites. PRONTO VOLANTE is not responsible for the linked content and assumes no liability or guarantee for the correctness of the linked pages. Data protection on the linked pages is also not part of these terms of use and PRONTO VOLANTE is not responsible for this.
Section 9 Misuse
The user undertakes to only lawfully use the platform for the services offered. In particular, the transmission of "joke orders" is not permitted and will be legally pursued by PRONTO VOLANTE with the stored connection data.
§ 10 Final Provision
(1) Governing Law and Venue
Austrian law is exclusively applicable to all contractual relationships between the user and PRONTO VOLANTE , excluding the reference standards and the UN sales law. Exclusive place of jurisdiction for all legal disputes arising from or in connection with the user relationship between the user and PRONTO VOLANTE is Vienna, Austria. This does not apply to consumers within the meaning of the KSchG.
(2) Written form, declarations
Changes or additions to this contract are only effective if they have been agreed in writing. Written form is also e-mail, SMS, MMS and fax.
(3) Modification of Terms of Use
PRONTO VOLANTE GmbH reserves the right to change these Terms of Use, including the Privacy Policy, at any time. Such changes will be communicated to the user by e-mail with the effective date if he has provided a valid e-mail address. The notified changes are deemed to have been approved if the user does not object in writing or by e-mail within four weeks of notification of the new conditions. PRONTO VOLANTE will expressly point out to the customer in the e-mail the effect of silence on a change notification. If the customer objects, the right to use the platform ends and any customer account is deleted. For non-registered customers, the new conditions apply from the time they are published on the platform.
(4) Severability Clause
If a provision of these terms of use is ineffective, the remaining provisions remain unaffected. The invalid provision is then to be replaced by a provision that comes as close as possible to the economic objective of the parties. The same applies if these contractual terms contain gaps.
(5) Storage of the text of the contract
The text of the contract is not automatically saved as part of the conclusion of the contract. The currently valid text of the terms of use on PRONTO VOLANTE applies.
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