Order terms

§ 1 Scope and contracting party

1. These order terms apply to orders of food for pick-up that you place on our website www.vipan.de.

2. Your contracting party is: Vipan Kumar Sharma, VIPAN Indisches Restaurant, Nikolsburger Platz 2, 10717 Berlin, phone 030 86 00 80 07, email info@vipan.de.

3. We do not deliver. All orders are collected at the restaurant.

§ 2 How to order and conclusion of the contract

1. The presentation of our dishes on the website is not yet a binding offer but an invitation to order from us.

2. How to order:

   1. You add dishes to your basket.
   2. You choose a pick-up time and enter your name, phone number and email address. Optionally, you can add a note, choose reusable packaging (§ 6) and give information on allergies (§ 7).
   3. You choose how to pay: online or on pick-up (§ 4). If you pay online, you can enter a billing address; for orders over €250 it is required.
   4. The order summary shows all details once more. You can correct input errors there via “Change” and in the basket at any time. You can also cancel the process by closing the page.
   5. By clicking “Order with obligation to pay” you submit your order. If you pay online, you are then forwarded to Stripe’s payment page. Your order only reaches us once you have authorised the payment there; if you cancel the payment, the order lapses at no cost to you.

3. We confirm receipt of your order immediately by email (“Order received”). This confirmation of receipt is not yet an acceptance.

4. By submitting the order you make a binding offer to conclude a contract. We can accept the offer within five minutes of receiving the order. If it is not accepted within this period, the offer lapses.

5. The contract is concluded when we accept. We confirm this immediately by email with the expected pick-up time (“Order accepted”). If we decline or do not accept in time, you also receive an email; any amount reserved with Stripe is released and not charged.

6. Until we accept, you can withdraw your order free of charge by calling 030 86 00 80 07. Once accepted, we start preparing your food; a cancellation is then no longer possible.

7. The ordering process and the conclusion of the contract are available in German and English. The order terms are provided in both languages. In the event of linguistic discrepancies, the German version generally prevails, unless mandatory statutory provisions provide otherwise.

8. We store your order data after the contract is concluded; it cannot be accessed by you online. With the acceptance confirmation you receive your order details and the order terms valid at the time of the contract as a PDF – for an order in English, the English version together with the German one. You can also view, print and save the order terms at any time at www.vipan.de/en/order-terms/.

9. We have not submitted to any specific codes of conduct.

§ 3 Prices

All prices are final prices in euros including statutory VAT. There are no delivery or service fees. Reusable packaging from VYTAL costs nothing extra.

§ 4 Payment and invoice

1. You can choose:

   • Online via the payment page of our payment provider Stripe: credit or debit card, Apple Pay, Google Pay.
   • On pick-up at the restaurant: cash or card.

2. If you pay online, the amount is reserved on your payment method when you order and only charged once we accept the order. If we decline, we release the reservation immediately; depending on your bank, it may take a few days to disappear from your account view.

3. If you pay online, you can voluntarily add a tip for our team; it is not preselected. We pass it on to our staff in full. If we decline or cancel your order, you get the tip back together with the price. If you do not collect your order by the end of the holding period (§ 5), the tip is not refunded.

4. If you pay online, you receive an invoice as a PDF by email after pick-up, at the latest two hours after the agreed pick-up time. If you entered a billing address, it appears on the invoice. If you pay at the restaurant, you receive the receipt at the till.

§ 5 Pick-up and failure to collect

1. Please collect your order at the confirmed pick-up time: VIPAN, Nikolsburger Platz 2, 10717 Berlin.

2. We prepare everything fresh and keep your order ready for you until 30 minutes after the confirmed pick-up time (holding period). After that we may dispose of the food otherwise, as we cannot keep it warm any longer for reasons of food hygiene.

3. If you do not collect the food provided in accordance with the contract by the end of the holding period, the claim to payment of the agreed price remains in accordance with the statutory provisions. Expenses saved and other earning opportunities that must be credited by law are taken into account. Your statutory rights remain unaffected.

§ 6 Reusable packaging (VYTAL)

1. On request, you receive your food in reusable containers of the VYTAL reuse system instead of single-use packaging – at no extra cost.

2. For this you need the VYTAL app and a free VYTAL account. When ordering, enter the 6-digit delivery token from your VYTAL app; we then book the containers to your account. Without a valid delivery token we pack in single-use packaging as usual.

3. Borrowing and returning the containers are subject to the terms of use of VYTAL Global GmbH, Cologne, including the return periods and fees stated there. We show you the key points during ordering before you choose reusable packaging. You can return the containers to us or to any other VYTAL partner.

§ 7 Allergens and additives

1. Information on allergens and additives that must be declared is shown for every dish on the menu before you order.

2. We cannot rule out traces of other allergens in our kitchen.

3. When ordering, you can voluntarily give information on allergies or intolerances (with your consent, see privacy notice). We take it into account in preparation wherever possible. If you have severe allergies, please call us before ordering: 030 86 00 80 07.

§ 8 No right of withdrawal

For orders of food that can spoil quickly or whose expiry date would quickly be exceeded, there is no statutory right of withdrawal pursuant to Section 312g(2) no. 2 of the German Civil Code (BGB). This also applies where pick-up has been agreed.

§ 9 Defects and liability

The statutory provisions apply. Please check your order on pick-up and let us know straight away if anything is missing or not right – then we can help immediately. Your statutory rights remain unaffected.

§ 10 Dispute resolution

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

§ 11 Final provisions

German law applies. If your habitual residence is in another country, the mandatory consumer protection provisions of that country remain unaffected. How we handle your data is explained in our privacy notice.