Terms & Conditions
1.1 Schrankerl GmbH (hereinafter referred as "we" or "Schrankerl") is a company active in the delivery and handling of food and drink products and in their storage in the Schrankerl smart fridges located in office spaces (hereinafter referred as "smart fridge") where registered users can purchase drinks, snacks and fresh meals.
1.2. Schrankerl provides the users (hereinafter referred as ”you” or "user") with a possibility to register on the Schrankerl app. After successful registration, the user can purchase the goods contained in the smart fridges according to § 4 of the General Terms and Conditions of Schrankerl. All services of Schrankerl in connection with the registration, the use of the app as well as the use of the smart fridges are hereinafter collectively referred to as "services".
1.3. The use of our services 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.
1.4. Deviating, conflicting or supplementary general terms and conditions will not be considered part of the agreement.
1.5. We reserve the right to change these 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 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.
2. Registration and general obligations of the user
2.1. To gain access to our services, you must register as a user in our app. The registration is free of charge.
2.2. All information you provide during the registration, especially your credit card data, must be current and truthful. You are not allowed to pass on your password to third parties, you have to keep it safe and inaccessible for unauthorized persons and you have to inform us immediately in text form if you lose it or pass it on by writing us at firstname.lastname@example.org.
2.3. The registration does not constitute a contract between you and Schrankerl. Rather, you conclude individual sales contracts with us only at the smart fridge according to § 4 of these terms and conditions.
2.4. You can delete your account at any time. Please note that you will then no longer be able to use our services.
3.1. The identification at our smart fridges is done via the Schrankerl app.
4. Purchase of products from the smart fridges
4.1. Schrankerl offers you the goods 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.
4.2. For the conditions of any discounts granted by your company when purchasing our products, please refer to the specific agreement between Schrankerl and your company. The user is not entitled to receive any benefits from Schrankerl.
4.3. A valid sales contract between Schrankerl and the user is concluded by the user's acceptance of our offer. After identification at the smart fridge through the app, the user can take the desired products from the smart fridge. By removing the desired products from the smart fridge, the user submits a binding declaration of acceptance regarding the removed products.
4.4. If the products purchased from the smart fridge are defective, the user can immediately inform Schrankerl, writing at email@example.com and attaching a photo of the defective product, in order to receive a refund in the form of a voucher of the same value.
4.5. You do not have a right of revocation regarding the products purchased at the smart fridge..
5.1. As soon as you have identified yourself at the smart fridge by means of your Schrankerl app, the smart fridge can access your payment information. After completion of the purchase process, you will automatically be charged with the purchase price.
5.2. You have to make sure that your credit card is covered when using our smart fridges.
6. Usage and Customer Service
6.1. 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.
6.2. In the event of any malfunctions, we ask you to contact us or your company immediately. You can reach us at firstname.lastname@example.org.
7. Termination of access for use; access faults
7.1. If not differently agreed, we reserve the right to terminate access to our services at any time, for any reason and without prior notice. In particular, we are entitled to remove our machines from their location at any time.
7.2. There is no claim to uninterrupted access to our services at any time. In particular, Schrankerl does not guarantee unrestricted and undisturbed access to the machines at any time.
8. Warming up food products
8.1. Some of the products in the smart fridge are suitable to be warmed up, for example using a microwave.
8.2. It is 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 responsibility of the user to take his/her own decisions upon this matter.
8.3. Some elements of the packaging should be removed while warming up products, including 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. The User shall be considered responsible for any damages to people or things deriving by warming up the food without removing the necessary elements of the packaging.
9. Intellectual and industrial property rights
9.1. The User acknowledges and agrees that every intellectual or industrial property rights related to the app software belong to the smart fridge producer, and undertakes not to modify nor replicate, even partially, the software, not to perform reverse engineering activities on the software, and/or not object the validity or submit claims regarding the software’s intellectual and industrial property rights.
9.2. The User acknowledges and agrees that every intellectual or industrial property rights related to the smart fridges belong to the smart fridge manufacturer, and undertakes not to modify nor replicate, even partially, the smart fridges, not to perform reverse engineering activities, and/or not object the validity or submit claims regarding the smart fridges’ intellectual and industrial property rights.
10. Data Protection
Schrankerl processes personal data according to the valid data protection law. We process any personal data, which you provide us with, primarily for the fulfillment of the contract, such as the process of your payments. In addition, we process your data if there is a legitimate interest on our part or on the part of third parties, such as the optimization of our processes. In addition, we can process your data if you have previously consented to this. A separate data protection agreement is concluded in the course of registration in the app.
11. E-Mail communications
11.1. Schrankerl might use the e-mail address provided by the User to inform the User by e-mail about the current Schrankerl menus, special offers or and any other information related to our food and drink offer. If you do not wish to receive such information by e-mail, the use of your e-mail contact data for these purposes can be revoked at any time with effect for the future.
11.2. You can submit your revocation in writing by email at email@example.com.
12. Liability of Schrankerl
12.1. 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 or service 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.
12.2. Schrankerl is not the producers of the goods sold through the smart fridges. Schrankerl does not assume any responsibility or liability for such products, should their quality not respect good standards.
12.3. 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.
12.4. The User shall be obliged to carefully read and observe the product, consumption and warning information on the products before use, including the information regarding food allergens.
12.5. Users shall indemnify Schrankerl against any claims that are not based on a breach of duty by Schrankerl or any other reason for liability.
12.6. Clauses 12.1. to 12.3. and 12.5. shall not apply to Users considered as consumers according to the Austrian Consumer Protection Act.
13. Applicable Law and miscellaneous
13.1. 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.
13.2. Austrian law shall apply.
13.3. 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.
13.4. You hereby declare and confirm that you have read and understood these general terms and conditions and that you are proficient in the English language.