Vapiano PEOPLE terms and conditions

General Terms and Conditions of Business of Vapiano International Marketing GmbH
Mobile App | Vapiano People | Take Away & Home Delivery

 

Updated: March 2018

A. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS OF BUSINESS

1. Scope; Identity of the Provider

1.1. These General Terms and Conditions of Business (hereinafter referred to as “General Terms and Conditions”) apply to all legal relationships between (1) Vapiano International Marketing GmbH, Im Zollhafen 2-4, 50678 Cologne, Germany, telephone [+49(0)221 67001-0], (hereinafter referred to as “Provider” or “VIM”), (2) the Vapiano Restaurants as these are listed at www.vapiano.com (hereinafter referred to as the “Vapiano Restaurants”) and (3) the individual placing an order with a Vapiano Restaurant via any means, including the Vapiano App (as defined below) and the Website (as defined below) (hereinafter referred to as “Customer”). They shall also apply to the contracts between the Vapiano Restaurants and the Customers, provided that they are concluded through the Vapiano App (as defined below) or on the website with link www.vapiano.co.uk (hereinafter referred to as the “Website”).

1.2. The general terms and conditions of business of each of the Vapiano Restaurants shall remain unaffected by these General Terms and Conditions. In the event of conflict between the two set of terms, the general terms and conditions of business of the Vapiano Restaurant shall supersede these General Terms and Conditions only in relation to the conflicted provisions.

1.3. The Provider does not itself operate any Vapiano Restaurants. Vapiano Restaurants is a network of operations fulfilling orders placed by a Customer of any of the Vapiano goods found on the relevant Vapiano Restaurant’s menu (the “Vapiano Goods”), all of which operate uniformly under the Vapiano brand. The Provider is acting as an intermediary providing the Services (as defined below) for the purposes of assisting the Vapiano Restaurants with the delivery of the Vapiano Goods to the Customer. Contracts for Vapiano Goods which are ordered through the Vapiano App (as defined below) or in relation to take away & home delivery via the Website involve entitlements and obligations solely between the Customer and the respective Vapiano Restaurant. The fulfilment of the contractual obligations of the completion of such orders is the sole responsibility of the Vapiano Restaurants.

1.4. The individual Vapiano Restaurants are at liberty to participate in the programmes offered by VIM.

B. USE OF THE MOBILE APPLICATION

The following provisions apply to the use of the mobile application which has been developed to display the Vapiano Goods and allow the Customer to place orders of such goods through a mobile phone or tablet device (“Device”) (hereinafter referred to as the Vapiano App).

2. Vapiano App

2.1. VIM offers a Vapiano App, in conjunction with which the following services (hereinafter referred to as the “Services”) are offered:

(a) The placing of orders Vapiano Goods placed by the Customer during a Vapiano Restaurant visit for consumption at the Vapiano Restaurant's premises,

(b) The placing of orders of Vapiano Goods ordered by the Customer for collection from a Vapiano Restaurant (Take Away),

(c) The placing of orders of Vapiano Goods ordered by the Customer for delivery to an address specified by the Customer (Home Delivery),

(d) Use of the mobile telephone as an electronic customer card during the restaurant visit,

(e) Use of the integrated cashless payment option (the “Mobile Payment”),

(f) Participation in the VAPIANO PEOPLE programme (as defined below).

2.2. The use of the services offered within the framework of the Vapiano App requires the transfer and installation of the Vapiano App to the Customer's Device. Specific software versions are available for the different types of mobile phones and tablets but compatibility is not guaranteed for all mobile phones or tablets. For technical reasons it is not possible to offer suitable software for some types of mobile phones. Insofar as no suitable software version is available for a specific Customer's mobile phone, the Customer will not be able to use the Vapiano App.

3. Registration and Access Data

3.1. During initial registration, the Customer has to select a username and a password (hereinafter referred to as the "Access Data") which identifies the user as authorized of the services. After entering the registration data and accepting these General Terms and Conditions and the Vapiano privacy policy, the Customer will receive an email at the email address specified by user. For the conclusion of the initial registration, the Customer must confirm this via the hyperlink contained in the email. Only after this confirmation the Customer is entitled to use the services specified in these General Terms and Conditions. After the initial registration, the Customer is assigned a personal area (hereinafter referred to as the "User Account") so that the user can use the Services and manage the registration data. The User Account can only be accessed by the Customer when the Customer enters the own Access Data.

3.2. In order for the order of the Vapiano Goods to be executed correctly, the details of the residential address, payment data and email address must be provided truthfully, conscientiously and in full by the Customer (hereinafter referred to as the “Personal Data”). The Customer guarantees that the Personal Data stored by the user are in conjunction with the Vapiano App is up-to-date and correct in each case no later than at the time of the placement of the order.

3.3. Under no circumstances shall the Customer pass on the Access Data – and in particular the access password – to third parties. If third parties should nevertheless obtain access to the Customer's account, or if the Customer has any other reasons to believe that the own account is being misused, the Customer must inform the Provider of this immediately and change the Access Data.

3.4. VIM shall not pass the Access Data on to third parties (other than to the relevant Vapiano Restaurant upon their request and for the purpose of completing an order for Vapiano Goods) and shall not ask the Customer for this data either by email or telephone.

3.5. If transactions are carried out using the Access Data of a Customer, the Customer shall allow these transactions to be allocated to the account unless the user has informed the Provider within reasonable time of the loss of the Access Data or any other suspected form of misuse, or can prove this subsequently. Vapiano Restaurants shall not be liable for any use of an account by a third party. If a third party does access the User Account, the Customer shall be liable for all actions.

3.6. A Customer is not entitled to register more than once to use the Vapiano App. A User Account is not transferable.

3.7. VIM and the Customer agree to comply with all applicable requirements of the Data Protection Act 1998, the General Data Protection Regulation ((EU) 2016/679) or any successor legislation, whichever is in force in England at the time. All Personal Data processing is done in accordance with Vapiano Restaurants’ Privacy Policy.

4. Incurred Costs

4.1. The Provider shall not charge the Customer for the provision of the Vapiano App.

4.2. The installation of the Vapiano App and the use of the Services requires regular data transfer to and from the Customer's Device. The extent and frequency of the data transfer depends amongst other things on the type and extent of the use of the services. The connection costs incurred for the data transfer shall be borne by the Customer. The level of these costs shall depend on the contract that exists between the Customer and the respective mobile phone or tablet service provider.

4.3. The costs for setting up an internet connection and maintaining it on the Customer’s side do not form part of the Services. This shall be based exclusively on the contractual relationship between the Customer and the own internet provider.

5. Payment

5.1. The Customer shall pay the purchase price of the respective order for the Vapiano Goods to the Vapiano Restaurant providing the service.

5.2. All stated prices are gross prices (including VAT). The Customer agrees to pay the delivery costs (if any) in addition to the purchase price, which shall be notified to the Customer in a clear, understandable and prominent manner immediately before he or she places his or her order.

5.3. The payment methods which are offered to the Customer shall be at the Provider's discretion. The payment methods shall be notified to the Customer not later than at the start of the ordering process in a clear and unambiguous manner and made available to the Customer for selection. If offered, the Customer shall be at liberty to use the Mobile Payment function made available by the Vapiano App (cf. Article 6) (hereinafter referred to as the “Mobile Payment”).

5.4. The transaction shall then be transmitted from the checkout of the Vapiano Restaurant to the B&S clearinghouse, where it will be validated. If validation is successful, a message is sent to the checkout that the payment transaction has been successfully completed. The receipt is handed over to the customer at the checkout. With the payment approval, the Customer authorises the Vapiano Restaurant to collect the amount owed in the form of payment stated by the Customer as part of the registration information for Mobile Payment, i.e. direct debit or credit card.

5.5. Where the Customer has placed an order for Vapiano Goods in a Vapiano Restaurant and the Customer has not paid the purchase price by the time the Vapiano Restaurant concerned closes and has left the premises without paying for the services and Vapiano Goods, the Vapiano Restaurant shall be entitled to debit the purchase price from the account or credit card of the Customer in conjunction with the Mobile Payment function unless the Customer has previously asserted any warranty rights and/or rights of retention.

6. Payment function, Mobile Payment Activation, Payment through the Mobile Payment System

6.1. The precondition for the use of the Mobile Payment system is the initial registration and separate activation of this service from the Customer's account.

6.2. Mobile Payment can only be used by Customers who are at least 18 years old, reside in the European Union and have a bank account with an English financial institution.

6.3. Before Mobile Payment activation, the Customer is requested to provide certain details about the person and bank (hereinafter referred to as the "Mobile Payment Registration Information"), as well as a personal identification number (hereafter referred to as a "PIN") for the authorisation of individual payments. The Customer is obliged to provide correct and complete Mobile Payment registration information. The Provider shall exclude Customers who provide incorrect details from the use of the services.

6.4. The Provider can refuse to activate the Customer for Mobile Payment at any time without stating reasons.

6.5. The Provider shall inform the subscriber directly in the Vapiano App of the successful activation for Mobile Payment.

6.6. With the payment approval, the Customer authorises the Vapiano Restaurant to collect the amount owed from the Customer's bank account or credit card stated by the Customer as part of the registration information for Mobile Payment. The collected amount is forwarded by the Provider to the Vapiano Restaurant concerned. Upon payment confirmation, the Customer is provided with a receipt.

6.7. In the event of the non-payment of a direct debit due to a lack of funds in the account or an objection on the part of the Customer to a direct debit, and without limitation to any other remedy available to VIM or the Vapiano Restaurants, the further use of Mobile Payment shall be excluded until the Customer settles the invoice amount or proves the legitimacy of the objection.

6.8. With the specification of the current account, the Customer confirms that the person is entitled to approve the direct debit from the corresponding current account and will ensure the necessary cover. Return debit notes are associated with a considerable amount of work and high costs. In the case of a return debit note (due to a lack of the required cover in the current account, the closure of the current account or an unauthorised objection by the account holder), the Customer shall issue the authorisation to re-submit the direct debit for the payment obligation that is due. In such a case the Customer shall be obliged to pay the costs resulting from the return debit note. The right to assert further claims is reserved. The Customer shall be given the opportunity to provide proof that lower or even no charges have been incurred as a result of the return debit note. In such a case, after agreement with the clearing house, the reverse processing of the payment will be carried out by transferring back the corresponding amount or by means of a credit note.

C. VAPIANO PEOPLE REWARD PROGRAMME

The following provisions apply to the VAPIANO PEOPLE rewards programme (hereinafter referred to as the "VAPIANO PEOPLE programme") of the Provider, irrespective of whether this is used via the Vapiano App or not.

7. Participation

7.1. Any natural person aged 18 or over may participate in the VAPIANO PEOPLE programme (in the following, female and male participants are uniformly referred to as "Participants"). Employees of companies affiliated with the Provider, as well as employees of the Vapiano franchisee, are excluded from participation in the VAPIANO PEOPLE programme.

7.2. Registration for the VAPIANO PEOPLE programme is free of charge for Participants. It is carried out either via the Vapiano App or using a registration form, which can be accessed on the VAPIANO PEOPLE website (https://uk.vapiano.com/en/app/)

7.3. Participation begins upon completion of the registration process by clicking on the confirmation link in the email which the participant receives after entering their data.

7.4. After registration, each Participant is assigned their own personal VAPIANO PEOPLE quick response code, a two-dimensional code that represents the membership number of the corresponding participant in a quadratic matrix consisting of black and white dots represented in binary form (hereinafter referred to as the “VAPIANO PEOPLE QR code”). The VAPIANO PEOPLE QR code issued for Participants is stored on their VAPIANO App as well as in their personal members' area on the VAPIANO PEOPLE Website and, where the Participant still holds a VAPIANO PEOPLE Card, on this VAPIANO PEOPLE Card.

8. Collection of Points

8.1. The subject matter of the VAPIANO PEOPLE programme is the collection of status points (Article 11) and reward points (Article 10) (hereinafter together referred to as “Points”) in order to obtain special customer benefits during future restaurant visits or to exchange for rewards.

8.2. In order to collect Points, the Customer must present their VAPIANO PEOPLE QR code unprompted before paying in the participating Vapiano Restaurants.

8.3. Only the registered Participant may use their personal VAPIANO PEOPLE QR code, and this code is not transferable to third parties. When the personal VAPIANO PEOPLE QR code is used, the employees of the Vapiano Restaurant are entitled to require Participants to provide identification by presenting appropriate documents or cards (e.g. identification card, driving licence or similar).

8.4. If in an individual case it is not possible for Points to be credited in a participating restaurant, the Participant can request the subsequent recording of their Points by contacting VAPIANO PEOPLE via email at people-support@vapiano.co.uk within three months of their visit and by presenting a copy of the receipt.

9. Changing Registration Data

The Participant must inform VIM immediately by giving a written notice of changes to the data submitted at the time of registration. The changes can also be made in the VAPIANO App, or in the personal member's area of the VAPIANO PEOPLE website.

10. Reward Points

10.1. The Participant can exchange the reward points collected for attractive rewards. The rewards that are available, as well as the number of points acquired in each case and the redemption conditions, can be found on the website https://uk.vapiano.com/en/app/. The availability of the rewards may vary from time to time and from location to location at Vapiano Restaurants’ discretion.

10.2. It may be that specific rewards are not available at certain times; from this the participant cannot derive any rights, in particular compensation claims.

10.3. Upon presentation of the VAPIANO PEOPLE QR code before the payment transaction, the Participant receives one reward point credited to their Points account for each main course they pay for. Main courses in this context include any meal in the categories Pasta, Pizza, Salad, Risotto, Lasagne or Antipasti, which – without extras - has a sale price of £5.00 or more.

10.4. The Provider may run special promotions, during the course of which the Participant can acquire further reward points. The conditions of such special promotions will be publicized separately in the individual case.

10.5. The number of reward points collected can be viewed at any time using the VAPIANO App or in the personal members' area of the VAPIANO PEOPLE website, or can be requested in any participating Vapiano Restaurant.

10.6.  Reward points that have not been redeemed expire at the end of the quarter following the 36th month after the points were credited. The Participant will be notified of the date and scope of the expiry of points by email or in the personal member’s area of the PEOPLE website https://uk.vapiano.com/en/app/ in good time before the respective expiry date.

10.7. There is no entitlement to the payment of the collected reward points in the form of cash. The reward points are not transferable to other participants or third parties.

11. Status Points

11.1. For each visit to a participating Vapiano Restaurant using the VAPIANO PEOPLE QR code in association with consumption for a total value of at least £5.00, the Participant shall receive one status point, which is saved in the personal status point account of the participant.

11.2. A certain number of status points, which shall be determined by the Vapiano Restaurants from time to time and at their discretion, grants the Participant a special PEOPLE status, which confers special benefits during future visits.

11.3. Participants whose status point account has 20 to 39 points have "Olive" status. Above 40 in the participant account, the Customer is categorised as "Black" status.

11.4. The level of the status point account can be viewed in the Vapiano App. The benefits associated with the respective status and the conditions for their use can be viewed at https://uk.vapiano.com/en/app/.

11.5. The status point account of the Participant will be reset for the first time 12 months after the start of participation (section 7 para. 4), except where otherwise specified in the following paragraphs.

11.6. If the status point account reaches 40 points within 12 months of the start of participation, the status point account is reset immediately, i.e. on the day after the status is achieved. The status point account is reset the next time 12 months after obtaining "Black" status, and from then on every 12 months, unless these provisions require it to be reset earlier.

11.7. Once reached, a status is maintained for 12 months, unless the participant reaches a higher status before the expiry of these 12 months. After the expiry of these 12 months, the participant is categorised according to their status point account, and this categorisation takes place before the reset on the same day.

11.8. There is no entitlement to payment in cash.

11.9. The status points are not transferable.

12. Birthday Present

12.1. On each Participant’s birthday, the Participant may receive an email sent to the email address specified at the time of registration. The email will specify the subject matter of the birthday present and the conditions under which the Participant can obtain the birthday present.

12.2. There is no entitlement to a specific present or to payment in cash. A benefit granted once or even multiple times does not result in a claim to standard practice for the future.

13. Competitions

13.1. Every now and then VIM intends to operate competitions (e.g. in the form of prize draws) amongst the adult participants of the VAPIANO PEOPLE programme.

13.2. The conditions of the competition will be published individually in each case with the corresponding announcement.

13.3. There is no entitlement to the performance of competitions, to the allocation of prizes generally, or to specific prizes.

14. Termination of Participation

14.1. Participation in the VAPIANO PEOPLE programme ends automatically with termination of the account (Article 20).

14.2. When a termination becomes effective, the Points collected expire.

14.3. Participation ends automatically if the personal VAPIANO PEOPLE QR code is not used over a period of more than three years.]

D. TAKE AWAY & HOME DELIVERY

The following provisions apply to the placing of orders by phone or through the Vapiano App for items by the Customer outside the restaurant for collection of the items from the Vapiano Restaurant concerned (Take Away) or for delivery to the address stated by the Customer (Home Delivery). They form an integral part of the contract between the participating restaurant and the Customer. Should a Customer use a different application or website to place an order for Vapiano Goods, then the terms and conditions of that provider shall apply.

15. Delivery areas; delivery period; provision (if applicable)

15.1. The delivery of items shall be limited to the delivery area specified by the restaurant making the offer. Existing delivery restrictions shall be notified to the Customer in a clear and unambiguous manner not later than at the start of the ordering process.

15.2. In the event of the delivery of items the following shall apply: The time required for delivery of the items depends on the local conditions (e.g. size of the order, delivery distance, time of day, availability of drivers, etc.). Unless a specific delivery period is stated in the order, the estimated delivery time from the receipt of the order confirmation by the Customer shall usually be no more than 90 minutes. The parties agree that time is not of the essence and that reference to any delivery time is only an approximation. The Vapiano Restaurant will deliver the order to the entrance of the address specified by the Customer. The Customer is aware of the fact that some of the items delivered are freshly prepared and quickly perishable.

15.3. The availability time in the case of Take Aways being ordered in a Vapiano Restaurant may vary depending on the Vapiano Restaurant and the details of the order.

16. Placement of order and conclusion of contract

16.1. The contract in connection with Take Away & Home Delivery shall come into effect between the Customer and the respective Vapiano Restaurant which the Customer has selected during the ordering process.

16.2. By placing an order, the Customer is making an offer to the respective Vapiano Restaurant.

16.3. Upon the receipt of the offer, the Provider shall send a confirmation to the Customer on behalf of the Vapiano Restaurant concerned, i.e. in the name of and for the account of the restaurant, of the receipt of the offer by email or as a message within the Vapiano App (hereinafter referred to as the "Confirmation Email"). The acceptance shall be deemed to have been submitted by the Provider declaring on behalf of the Vapiano Restaurant concerned – or the Vapiano Restaurant itself declaring – acceptance to the Customer (by email) or transfers, provides or dispatches the items. For the avoidance of doubt the Vapiano Restaurant and VIM are not obliged to accept an offer made by the Customer and such acceptance shall be at Vapiano Restaurant’s discretion.

16.4. The Provider and the Vapiano Restaurant concerned may refuse to accept the offer in individual cases (e.g. if it suspects that the order is not genuine, a debit / credit card is being misused or the address is outside the delivery area) without giving reasons to the Customer.

17. Payment

17.1. The Customer shall pay the purchase price to the Vapiano Restaurant providing the Service. Orders can be paid for by the Customer in cash on delivery of the items, or by online payment. In the case of Take Aways, payment may also be made by debit/credit card at the Vapiano Restaurant.

17.2. All stated prices are gross prices (including VAT). Costs for payment and dispatch which are incurred in addition to the price of the Vapiano Goods shall be notified to the Customer in a clear, understandable and prominent manner immediately before the Customer places the order.

17.3. The payment methods which are offered to the Customer for processing the payment shall be at the Provider's discretion. The payment methods shall be notified to the Customer not later than at the start of the ordering process in a clear and unambiguous manner and made available to the Customer for selection. Currently, these methods are payment in cash or by debit/ credit card. The payment method is selected bindingly by the Customer during the ordering process.

E. General Provisions, Amendments, Liability, Final Provisions

18. Amendments/Supplements/Discontinuation

18.1. The Provider reserves the right to discontinue individual or all services at Vapiano Restaurant’s discretion without the obligation to provide notice to the Customer. Reasonable notice will be given to the Participant prior to the discontinuance of the VAPIANO PEOPLE programme.

18.2. Amendments to the present General Terms and Conditions may be made by Vapiano Restaurants or VIM at their discretion and by giving reasonable notice to the Customer/Participant which shall specify a period by which the Customer/Participant may indicate their disagreement to the amendments. Failure by the Customer to communicate the disagreement within the specified period shall mean that the amendments are agreed by the Customer. Amendments will be communicated to the Customer/Participant in advance at the last email address provided. In addition, an amendment shall be considered to have been approved if the Customer/Participant does not discontinue their participation according to Article 22 within one month of the despatch date of the email, or if they use their personal VAPIANO PEOPLE QR code to obtain reward points or to register visits after the expiry of that notice period. Participants shall be notified of this again separately in the announcement of the amendment.

19. Liability

19.1. The Provider shall be liable neither for the Vapiano Restaurant nor for the Customer with respect to the execution of the contract. The Provider offers no guarantee whatsoever for the quantity, quality or other services offered by the respective Vapiano Restaurants. All content offered within the framework of the Vapiano App or on the Website is exclusively the responsibility of the respective Vapiano Restaurant. In the event of any problems with the processing of the order, primarily the respective Vapiano Restaurant must be contacted.

19.2. The product images provided are for illustrative purposes only and are symbolic images. The Provider and the respective Vapiano Restaurant reserve the right to deviate to a reasonable extent from the symbolic illustrations.

19.3. The Provider and Vapiano Restaurants shall not be liable for damage caused by third parties or interruptions to the availability of the Vapiano App for which the Provider or Vapiano Restaurants are not responsible (e.g. technical problems of the internet or UMTS transmission which cannot be influenced by one of the parties). The Provider and Vapiano Restaurants shall not be liable for any downtime, failure of software or any other technical problems of the Vapiano App or Website.

19.4. The Vapiano App can also contain references (= links) to other websites. The Provider and the Vapiano Restaurants are not responsible for the contents of the linked websites and does not assume any liability or guarantee for the accuracy of the contents of the linked pages. Furthermore, the data protection references on the linked pages are not part of the contents of these General Terms and Conditions.

19.5. Nothing in these General Terms and Conditions shall limit VIM’s or the Vapiano Restaurants’ liability for death or personal injury caused by their negligence, fraud or fraudulent misrepresentation, breach of the terms implied by section 12 of the Sale of Goods Act 1979, defective products under the Consumer Protection Act 1987, or any other liability which cannot be limited or excluded by applicable law.

19.6. Vapiano Restaurants and VIM shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these General Terms and Conditions.

19.7. Vapiano Restaurants’ and VIM’s total liability to the Customer in respect of all other losses arising under or in connection with these General Terms and Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 200% of the price of the Vapiano Goods in the most recent order made by the Customer prior to such liability arising.

19.8. The above liability exclusions and limitations apply to the same extent in favour of the bodies, legal representatives, employees and other vicarious agents of VIM, as well as of the participating Vapiano Restaurants.

20. Termination

20.1. Without limiting the Provider’s or the Vapiano Restaurants’ rights or remedies, the Customer is entitled to terminate these General Terms and Conditions at any time without stating reasons to the Provider by giving notice to the Provider through the Vapiano App “End membership” function.

20.2. The Customer may – irrespective of the use of the Vapiano App – terminate his or her entire account, including the Mobile Payment registration and participation in the VAPIANO PEOPLE programme, at any time without giving reasons. In order to do so, the Customer can open the "My People" menu section of the Vapiano App and select the menu item which is used to change the personal data. After entering the access data, the Customer then has to select the "End membership" button.

20.3. Save as provided in Article 22(4) below, the Provider or the Vapiano Restaurants are entitled to terminate these General Terms and Conditions at any time without notice and at their discretion.

20.4. The Provider is entitled to terminate the participation of the Customer in the VAPIANO PEOPLE Rewards programme, by giving six months’ notice.

20.5. The Provider or the Vapiano Restaurants may, in particular, terminate the contract without notice if it has come to their attention or has reasonable reasons to believe that:

(a) the Customer intentionally submits incorrect information within the framework of the evaluation system;

(b) the Customer provided incorrect or incomplete information during initial registration; or

(c) the Customer repeatedly infringes other contractual obligations and does not refrain from the infringement of the obligation even if requested to do so by the Provider.

 

20.6. Insofar as the Provider or Vapiano Restaurants has terminated the contract, the Customer shall have no right to set up a new account, even under a different name or a different designation.

21. Final Provisions

21.1. Severance. If individual provisions of these General Terms and Conditions are or become invalid, illegal or unenforceable,  this shall not affect the validity of the remainder of the General Terms and Conditions and it shall be modified to the minimum extent necessary to make such provisions valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or sub-provision under this sub-article shall not affect the validity and enforceability of the rest of the General Terms and Conditions.

21.2. Force Majeure. No party shall be in breach of these General Terms and Conditions or liable for delay in performing, or failure to perform, any of its obligations under these General Terms and Conditions if such delay or failure result from an event or circumstance beyond a party’s reasonable control.

21.3. Interpretation. A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular. A reference to ‘writing’ or ‘written’ includes emails.

21.4. Assignment. No party may assign, transfer, mortgage, charge, or deal in any other manner with all or any of its rights or obligations under these General Terms and Conditions without the other party’s written consent.

21.5. Entire agreement. These General Terms and Conditions constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations between them, whether written or oral, relating to its subject matter. For the avoidance of doubt, these General Terms and Conditions shall prevail over any terms and conditions of the Customer.

21.6. Notices. Any notice given to a party under or in connection with these General Terms and Conditions shall be in writing, addressed to that party’s registered office address (if a legal entity) or in the case of the Customer, at the latest address provided to VIM through the use of the Vapiano App or Website.

21.7. Third party rights. Unless it expressly states otherwise, these General Terms and Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these General Terms and Conditions.

21.8. Governing law. These General Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England. 

21.9. Jurisdiction. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these General Terms and Conditions or their subject matter or formation.

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