General Terms and Conditions
for Users

 

Date of the last update

01.08.2022

Please note that the Terms and Conditions will be emailed to each User at the time of registration and in the event of any differences from this online version, the version sent to Users shall be deemed to be the valid version. 
 

1. Scope

1. Schrankerl GmbH (hereinafter referred to as "we" or "Schrankerl") is a limited liability company ("GmbH") active in the delivery and handling of food products and beverages in their storage in the Schrankerl smart fridges located in office spaces (hereinafter referred to as "Smart Fridge") where registered Users can purchase drinks, snacks and fresh meals (hereinafter referred to as "Products").

2. Schrankerl is partnering with companies and organisations (hereinafter referred to as "your Organisation") who wish to provide the Products to their employees, business partners, guests or other persons.

3. Schrankerl is also partnering with Fresco Frigo Srl, a company based in Italy who provides the Users (hereinafter referred to as ”you” or "User") with an app that allows Users to access Schrankerl's Services. After successful registration, Users can purchase the Products contained in the Smart Fridges in accordance with these General Terms and Conditions of Schrankerl (hereinafter referred to as "Purchase").

4. Any Purchase as well as all present and future business relations between you and Schrankerl in connection with the use of a Smart Fridge are exclusively subject to these General Terms and Conditions (the ”General Terms and Conditions”). Deviating, conflicting or supplementary general terms and conditions shall not be considered part of the agreement.

5. We reserve the right to change these General Terms and Conditions in the future for appropriate or objective reasons by informing you in advance of the intended changes and point out your right to object. The changes shall be deemed accepted if you do not object within two months after notification of the change. If you object to the change of these General Terms and Conditions within the stipulated two months period, we will no longer provide any services to you upon the date of receipt of your objection.

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2. Registration and general obligations of the User

1. To make a Purchase, you need an account in the app "Schrankerl". Without such account, you can't make any Purchases.

2. The registration does not constitute a contract or any legal relationship between you and Schrankerl. Rather, with each Purchase, you enter into an individual purchase contract with us only at the Smart Fridge in accordance with these General Terms and Conditions.
    

3. Purchase of Products from Smart Fridges

1. Schrankerl offers you the Products provided in the Smart Fridge for Purchase. Our offer is always limited to the stock of the respective Smart Fridge. Schrankerl is not obliged to provide the User with a certain Product if the stock of the respective Smart Fridge is exhausted. Our offer is also subject to the technical functionality of the Smart Fridge.

2. For the conditions of any discounts granted by your Organisation when purchasing our Products, please refer to the specific agreement between Schrankerl and your Organisation. The User is not entitled to receive any benefits from Schrankerl.

3. At our Smart Fridges, you identify yourself via the FrescoFrigo app. After identification at the Smart Fridge through the FrescoFrigo app, you will be able to open the Smart Fridge and take out the Product(s) that you wish to purchase. You may take out as many Products as you like. The Products taken out the Smart Fridge are recorded by RFID labels on the food packaging. When the door of the Smart Fridge closes, you agree to purchase the Products that have been taken out since the Smart Fridge has been opened with your identification based on these General Terms and Conditions.

4. If any Product purchased is defective, you can immediately inform Schrankerlvia Email under support@schrankerl.at and attach a photo of the defective Product in order to receive a refund in the form of a voucher of the same value. Please note that we cannot accept any complaint if you do not report the defect within 24 hours after the Product has been purchased.

5. You do not have a right of revocation regarding the Products purchased at the Smart Fridge.

4. Payment

1. After completion of the Purchase, your credit card will automatically be charged with the purchase price through the FrescoFrigo app.

2. If your credit card is rejected, you are obliged to replace it with a credit card that provides sufficient credit for making the payment. Schrankerl is entitled to reject any further Purchases in case your last Purchase remains unpaid.

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5. Usage of Smart Fridges and Customer Service

1. You are obliged to handle our Smart Fridges with care and to refrain from any behaviour that is contrary to their function. In particular, you are prohibited from gaining access to the Products in any way not intended for this purpose or from interfering with the machine in any way not intended for this purpose.

2. In the event of any malfunctions, we ask you to contact us or your company immediately. You can reach us at support@schrankerl.at.
    

6. Termination of access for use; access faults

1. Unless agreed otherwise, we reserve the right to terminate your access to our Products at any time, for any reason and without prior notice. We are also entitled to remove the Smart Fridges from their location at any time.

2. There is no claim to uninterrupted access to our Products at any time. In particular, Schrankerl does not guarantee unrestricted and undisturbed access to the Smart Fridges at any time

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7. Warming up Products

1. Some of the Products in the Smart Fridge are suitable to be warmed up, for example using a microwave.

2. It is the exclusive responsibility of the User to decide which Products should be warmed up and how to do it in the safest and best way in order to preserve a good quality and taste. Any suggestion coming from Schrankerl or from the food producers is a mere indication and it is ultimately the responsibility of the User to make his/her own decisions upon this matter. 

3. Some elements of the packaging should be removed when warming up products, especially the RFID label and any wrapping paper. The User is responsible for the removal of these elements and any additional elements not suitable to be inserted in the microwave or oven or any other heating appliance. Schrankerl shall not be responsible for any damages to people or things deriving by warming up the food without removing the necessary elements of the packaging.

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8. Intellectual and industrial property rights

1. The User acknowledges and agrees that every intellectual or industrial property rights related to the FrescoFrigo app  or the Smart Fridges belong to FrescoFrigo, and undertakes not to modify nor replicate, even partially, the  FrescoFrigo app, not to perform reverse engineering activities on it, and/or not object the validity or submit claims regarding the FrescoFrigo’s intellectual and industrial property rights.

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9. Liability of Schrankerl

1. Schrankerl shall not be held liable – except for personal injuries – for any incidental, consequential, direct, indirect or special damage of any kind, including, without limitation, damages for loss of profits, loss of data, loss of business interruption, or any other commercial damages or losses, arising out of or relating to any Schrankerl Product to the maximum extent permitted by law. In no event shall Schrankerl’s total liability to Costumer for all damages exceed the amount of five thousand Euros (EUR 5,000). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 

2. Schrankerl is not the producer of the Products sold through the Smart Fridges. Schrankerl does not assume any responsibility or liability for such products, should their quality not respect good standards.

3. In case of any consequences for the Users coming from the consumption of food and drink products, such as poisoning, Schrankerl shall not be held responsible or liable.

4. The User shall be carefully read and observe the consumption and warning information on the Products before use, including the information regarding food allergens.

5. Users shall indemnify Schrankerl against any claims that are not based on a breach of duty by Schrankerl or any other reason for liability.

6. Clauses 9.1. to 9.3. and 9.5. shall not apply to Users considered as consumers according to the Austrian Consumer Protection Act. Schrankerl is liable to consumers for damages due to the products purchased by the user only in cases of gross negligence. Liability for slight negligence is excluded.

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10. Applicable Law and miscellaneous

1. The Parties shall in all circumstances try to settle their disputes amicably by mutual negotiations. If no agreement can be reached, the matter shall be settled by the appropriate legal action.

2. The contract between you and Schrankerl shall be governed by Austrian law with the exclusion of its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods..

3. Should any provision of these General Terms and Conditions be or become invalid or impracticable, the remainder of the contract shall remain valid. The ineffective or unenforceable provision shall be replaced by the effective and enforceable provision which the parties would have reasonably agreed upon had they been aware of the ineffectiveness or unenforceability. This Section 10.3 shall not apply to Users considered as consumers according to the Austrian Consumer Protection Act.