TERMS AND CONDITIONS (T&Cs) OF Every GmbH (as of April 17, 2024)
(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.
(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.
(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.
(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
(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.
(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.
(5) If you have issued a storage authorization, the contract can also be fulfilled by leaving the goods at the location specified by you at the delivery address that is accessible to the delivering driver. In this case, you ensure that the storage location is specified as precisely as possible. Any ambiguities in specifying the storage location are the customer's responsibility. Every is not obliged to check the suitability of the storage location specified by the customer.
(6) By delivering to a neighbouring household, business, or parcel shop, or by placing the goods at the specified location at the delivery address (see § 6 para. 4 and para. 5 of these T&Cs), the risk of loss and/or damage to the goods passes to the customer, provided that the customer has expressly authorized such delivery or placement for the individual case or permanently and the delivery of the goods was made within the delivery day specified by the customer.
(7) If personal handover of the goods at the delivery address is not possible, nor is delivery to a neighbouring household, business, or parcel shop permitted by the customer, and there is also no storage authorization, the customer is in default of acceptance, provided the delivery of the goods was made within the delivery day specified by the customer. Every is not obliged to make another delivery attempt. Otherwise, the statutory provisions on the consequences of default of acceptance apply.
(8) If the customer is an entrepreneur, delivery is made at the customer's risk. This also applies to partial deliveries. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer only upon handover of the item to the customer. It is equivalent to handover if the customer is in default of acceptance.
(9) The goods must be examined immediately after receipt by the customer or their representative for completeness and transport damage. Any transport damage must be reported to us immediately. Packaging damage must be confirmed in writing by the customer from the transport company upon acceptance of the goods.
(10) The safety instructions enclosed with the shipment for handling dry ice must be observed.
The statutory warranty applies.
(1) Prices are inclusive of the applicable VAT and, unless otherwise agreed, include shipping costs within Germany. Every is entitled to make price adjustments in the event of cost increases during the term of the subscription contract and is obliged to pass on cost reductions to you according to the same standards to take into account changes in total costs in the subscription contract. Such costs include, for example, changes in production, manufacturing, delivery, or shipping costs for goods, including associated service costs for maintaining the subscription contract (e.g., providing IT infrastructure, customer service, personnel, administration, sales, marketing, rent) as well as changes in taxes such as VAT. We will inform you about the reason and amount of the price change at least one month in advance in text form, for example by email. This does not affect your right to terminate the contract under § 5 para. 6 of these T&Cs.
(2) Every's claims are due immediately, notwithstanding a statutory right of withdrawal.
(3) You can pay with a provided payment method, such as a credit card, PayPal, or another available payment method. Additionally, you can store an alternative payment method in your customer account if the primary payment method is declined or no longer available. During the term of the contract, you must ensure that the information regarding the chosen payment method is correct and up-to-date. Changes to the chosen payment method must be communicated to us immediately via your customer account.
(4) By placing an order via your customer account, you agree and authorize Every to charge the payment method you have specified immediately, automatically charge an alternative payment method linked to your account if the primary payment method is declined or no longer available, and to pass on payment information and instructions necessary to complete the payment between Every, our payment processors, and their third-party providers.
(5) Regarding further deliveries, the specified payment method will be continuously charged during the term of the contract, and the charge can begin up to seven (7) days before delivery unless you have paused an order or terminated the contract. Due to discounts and special promotions, varying amounts may be charged during the term of the contract.
(6) You must ensure that you are authorized to use the specified payment method during the term of the contract and that you have sufficient funds so that the payment can be made. For technical reasons, the charge to the payment method may not be visible to you until a few days after the actual charge date.
(7) In the event of a failed payment, Every may attempt to collect the payment again at a later time, provided your order was not previously cancelled by Every due to the failed payment.
(8) If the collection of the claim fails due to circumstances for which the customer is responsible - in particular due to insufficient funds, incorrect or invalid data, or an objection - the customer is obliged to rectify the payment disruption so that, in addition to the outstanding amount, any incurred bank fees and any reminder costs after the customer's default can be settled. The customer is allowed to prove that Every has incurred no or less damage.
(9) If the customer has not paid the outstanding amount even after several payment requests, the necessary data may be passed on to a debt collection agency commissioned by Every.
(1) The redemption conditions for vouchers are based on the respective campaigns. In the event of conflicts between the redemption conditions of a campaign and these T&Cs, the redemption conditions of the respective campaign take precedence.
(2) Unless expressly stated otherwise, the following conditions generally apply to the redemption of vouchers: Vouchers are not combinable with other discount promotions or other credits; Vouchers, except for gift vouchers (see § 1 para. 2 of these T&Cs), may only be redeemed by new customers unless they are explicitly intended for existing customers; subsequent crediting of vouchers is not possible; Vouchers, except for gift vouchers (see § 1 para. 2 of these T&Cs), may not be redeemed by new customers who live in a shared household with an existing or former customer; there is no cash payment of vouchers/credit.
(3) Credits for private referrals, e.g., under our "Referral Program", will be credited to the price of the next delivery after redemption. If the collected credits exceed the price of the next delivery, the credit will continue to be offset against the following deliveries until the credit is exhausted.
(4) The amount of credit for the referring customer is determined by the current offer at the time of the order by the referred new customer. The credit expires after two years The period begins at the end of the year in which the credit was earned. A payout or transfer of the credit to third parties is excluded.
(5) You are entitled to publish your personal voucher code only on your private website, private blog, or private social network profile. The voucher code will be automatically deactivated after the maximum number of redemptions specified in the respective conditions. Publication of the voucher code on commercial websites or third-party sites such as coupon sites, deal blogs, or forums is not permitted. The same applies to a request posted on the aforementioned websites or profiles to contact you to share the personal voucher code. If the voucher code is published or shared in violation of this paragraph 5, the voucher code will be deactivated. Similarly, credits obtained in violation of this paragraph 5 will lose their validity. Orders for which a referred new customer uses a voucher code published or shared in violation of this paragraph 5 may be cancelled by Every at any time.
(1) Every is liable for damages to the customer a) arising from injury to life, body, or health caused by a breach of duty by Every or one of its legal representatives or vicarious agents; b) under the Product Liability Act; c) from the assumption of a guarantee or due to fraudulent misrepresentation; d) if Every or its legal representatives or vicarious agents have caused the damage intentionally or through gross negligence; or e) if the damage was caused by the breach of a duty by Every, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies and may rely (cardinal duty).
(2) In the cases of the aforementioned paragraph 1, letters a), b), c), and/or d), liability is unlimited. In all other cases, the claim for damages is limited to the foreseeable, contract-typical damage.
(3) In cases other than those mentioned in paragraph 1, liability of Every, regardless of the legal reason, is excluded.
(4) The liability regulations in the preceding paragraphs also apply to personal liability of the organs, employees, and vicarious agents of Every.
(5) The customer is obliged to read and observe product, consumption, and warning instructions for delivered goods carefully before use.
Every processes personal data as the data controller under the applicable data protection law, including the General Data Protection Regulation (GDPR) and the Federal Data Protection Act. Personal data you provided to us in the order process will be processed to fulfill our contractual obligations with you (Art. 6 para. 1 b GDPR), e.g., to process the order. We also process your data if there is a legitimate interest on our part or that of third parties (Art. 6 para. 1 f GDPR), e.g., to optimize our processes or for direct marketing purposes. Additionally, we may process your data if you have previously consented to this (Art. 6 para. 1 a GDPR). Further information about the processing of personal data at Every, third parties involved in data processing (e.g., payment service providers or delivery or shipping companies), and a notice of your rights (e.g., right to information, correction, and deletion of data, right to data portability, and right to complain to the supervisory authority) can be found on our website at http://www.every.com/dataprotection.
If you are not satisfied with a product in your order, we will refund the purchase price.
(1) The possibility of claiming the satisfaction guarantee applies for 14 days from receipt of the products.
(2) The satisfaction guarantee applies exclusively to satisfaction regarding the consumption of the products and does not apply to issues related to delivery.
(3) The satisfaction guarantee applies exclusively to the first order with Every GmbH.
(4) The satisfaction guarantee applies exclusively to orders within Germany.
Learn more about the satisfaction guarantee
(1) Every uses the email address, phone number, and postal address you provided during the ordering process to inform you about similar product and/or service offers via email, SMS, and post. If you do not wish to receive promotional information by email, SMS, or post, you can object to the use of your contact data for advertising purposes at any time with future effect without incurring any costs other than the transmission costs according to the basic rates.
(2) You can submit your objection and/or revocation as follows: to the email or postal address specified in § 1 para. 1 sentence 1 of these T&Cs. Additionally, you can change the communication preferences in the customer account.
The European Commission provides a platform for online dispute resolution with further information available at https://ec.europa.eu/consumers/odr. Participation in the mentioned online dispute resolution is voluntary. HelloFresh does not participate in the mentioned dispute resolution procedure.
(1) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) There are no side agreements.
Your Every GmbH