User Terms of Service and Purchase
Updated 23.01.2023 Valid from 17.02.2023
*****
By clicking on „Slide to pay” or “Pay with Apple Pay” or otherwise accepting, e.g. by ticking a respective box, you agree to be bound by these User Terms of Service and Purchase (“Terms of Service and Purchase”).
The Terms of Service and Purchase consist of the “Terms of Wolt Service” (see Section II.), which apply to the use of the Wolt-Service, and the “Terms of Purchase” (see Section III.), which apply to future Purchase Agreements for goods and associated delivery services (if applicable) from Wolt through the Wolt-Service, as well as the “General Terms” which will apply to both, the use of the Wolt-Service and the purchase of goods and services through the Wolt-Service (see Section I.).
Deviating general terms and conditions of the User are not recognized, unless Wolt expressly agrees to their validity in writing.
Please read the following Terms of Service and Purchase carefully before using the Wolt-Service and purchasing goods and services from Wolt through the Wolt-Services. If you do not agree with the Terms of Service and Purchase, you cannot use the Wolt-Service and/or make purchases through the Wolt-Service. These Terms of Service and Purchase apply to any use of the Wolt-Service and to the Purchase Agreements made hereunder. A more detailed description of the Wolt-Service and information on system requirements is available at wolt.com.
The Terms of Service and Purchase are concluded between Wolt and the User only. This does also apply in case the iOS Wolt App is downloaded from Apple’s App Store. Apple Inc. is not responsible for the Wolt App or the content thereof. You agree that Apple Inc., and Apple Inc.’s subsidiaries (“Apple”), are third party beneficiaries of the Terms of Service and Purchase, and that, upon your acceptance of the Terms of Service and Purchase, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service and Purchase against you as a third party beneficiary thereof.
I. General Terms
1. Identity of Wolt
· Wolt, means Wolt Enterprises Deutschland GmbH, Stralauer Allee 6, 10245 Berlin, Germany, business ID: HRB 217122 B
· Trade name: “Wolt",
· Email address: support@wolt.com.
2. Definitions
2.1 “Partner” means a restaurant or other service partner who has signed a partner agreement with Wolt and whose products and delivery services, if applicable, are offered and sold to you by Wolt through the Wolt-Service.
2.2 “Purchase Agreement” means a binding agreement for the purchase of Partner’s products and / or delivery services, made on an Order between you and Wolt over the Wolt-Service. A purchase agreement can be made between the User and Wolt or between the User and a Partner; the product description in the Wolt-Service for your Order makes clear who you are making an Agreement with for the product / delivery service. Your order can also result in multiple Agreements, e.g. a Purchase Agreement with a Partner over the purchase of a product and a Purchase Agreement with Wolt over the delivery of that product.
2.3 “Wolt” or „We“ means Wolt Enterprises Deutschland GmbH, Stralauer Allee 6, 10245 Berlin, Germany, business ID: HRB 217122 B
2.4 „Wolt License“ means Wolt License Services Oy, Pohjoinen Rautatiekatu 21, 00100 Helsinki, Finland, Company ID 3172070-5, USt-ID FI31720705, a company affiliated with Wolt and authorized as a payment service provider in the European Union.
2.5 “Wolt App” means a digital application called “Wolt” provided by Wolt (on a platform such as an App Store) for natural persons to order products of Wolt’s Partners from Wolt.
2.6 “Wolt-Service” means both Wolt App and Wolt website wolt.com and other additional locations as mentioned at wolt.com.
2.7 “User” or “you” means a natural person using the Wolt-Service. The User must be of the age of 18 years or older.
2.8 "Wolt Credits" means Wolt Credits that can be redeemed for payment of orders placed through Wolt.
2.9 "Wolt Tokens" means Wolt Credits that can be redeemed for payment of the delivery fee of orders placed through Wolt.
3. Applicable Law and Dispute Resolution
3.1 These Terms of Service and Purchase as well as Purchase Agreements concluded thereunder shall be governed by and construed in accordance with the laws of Germany.
3.2 If the User is a merchant, a legal entity under public law or a special fund under public law, disputes arising from these Terms of Service and Purchase shall be resolved by the courts of Berlin, Germany.
3.3 Settlement of disputes: The European Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. This platform and further information thereof can be found on ec.europa.eu/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
4. Amendments
4.1 These Terms of Service and Purchase are subject to amendments.
4.2 You can find the current version of the Terms of Service and Purchase on the Wolt website. We will not make substantial changes to the Terms of Service and Purchase or reduce the rights of the Users under the Terms of Service and Purchase without providing a notice thereof. Wolt shall notify the User of the changes to the Terms of Service and Purchase in general at least six weeks in advance before the amended Terms of Service and Purchase enter into force. The User can accept a corresponding amendment of the Terms of Service and Purchase by continuing to use the Wolt App or by placing an Order over the Wolt-Service.
5. Assignment
5.1 Wolt shall be entitled to assign all or any of its rights or obligations under the Terms of Service and Purchase, under the User Relationship or under a Purchase Agreement, in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to Wolt-Service without the User’s prior consent.
5.2 The User shall not be entitled to assign any of its rights or obligations under the Terms of Service and Purchase, under the Usage Relationship or under a Purchase Agreement, in whole or part.
6. Limitation of Liability
6.1 Wolt shall be liable to the User in case of intent and gross negligence in accordance with the statutory provisions.
6.2 In other cases Wolt shall be liable - unless otherwise provided for in Section 6.3 below –in accordance with the legal requirements only in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the agreement and on the observance of which the User may regularly rely (so-called cardinal obligation or “Kardinalpflicht”), limited to compensation for foreseeable and typical damage. In all other cases the liability of Wolt is excluded subject to the provision in 6.3 below.
6.3 Wolt’s liability for damages resulting from injury to life, body or health and under the German Act on Product Liability (Produkthaftungsgsetz), Sections 69 and 70 German Telecommunications Act or other mandatory liability under applicable law shall remain unaffected by the limitations and exclusions of liability of this Section 6.
6.4 Wolt's strict liability in the area of tenancy and similar usage relationships for defects already existing at the time of the conclusion of the Agreement is expressly excluded.
6.5. Wolt is not responsible for incidents or disruptions due to force majeure (e.g. pandemics, strikes, lockouts, official orders, natural disasters, breakdown of communication networks or gateways, disruptions in the services of carriers).
7. Term and termination
7.1 These Terms of Service and Purchase are in force as a binding agreement between Wolt and the User until further notice. Both Wolt and the User are entitled to terminate these Terms of Service and Purchase and the Usage Relationship at any time and without cause by giving a termination notice without observance of a notice period to the respective other party.
7.2 The User can discontinue the use of the Wolt-Service at any time. Wolt can discontinue providing the Wolt-Service permanently or temporarily at any time.
7.3 The rights pursuant to Sections 7.1 and 7.2 above do, however, not affect any obligations with regard to Orders, provisions of the Terms of Use and Sale which, according to their meaning and purpose, are intended to apply beyond the end of the Usage Relationship (e.g. Sections I.3, I.5 or I.6) shall continue to apply after the termination of the Usage Relationship.
II. Terms of Wolt Services
1. Description of the Wolt-Service
1.1 Wolt provides an online platform in which the User can order food or other products and delivery services, if applicable. The online platform is accessible through the Wolt-Service. A more detailed description of the Wolt-Service and information on system requirements is available at wolt.com.
1.2 The use of the Wolt-Service is free of charge. However, using the Wolt-Service for ordering products from Wolt will result in an obligation for payment. You agree to pay for all purchases arising from your use of the Wolt-Service.
2. User Accounts
2.1 In order to use the Wolt-Service, the User must create a user account by following the registration instructions in the Wolt-Service. The Wolt-Service is only available to persons of the age of 18 years or older. You may not register as a User if you do not fulfill this requirement.
2.2 Account registration requires you to create a username and password and to submit to Wolt certain personal data such as your name, address, email, phone number and information on at least one valid payment method. You agree to maintain the information on the account accurate, complete and up-to-date. You also must keep the payment information that you have submitted to your user account updated. The Wolt-Service credentials are personal. The User shall ensure that any user account credentials and equivalent information required to access the user account of the User are kept confidential and used in a secure manner not accessible by third parties. A User may have only one personal user account. If you wish to delete your account, please contact us by using the contact details above in Section I.1.
2.3 The User will not: (i) use or attempt to use another person’s personal Wolt account and/or access another person’s personal payment data through the Wolt-Service or use another person’s personal payment information or cards when using the Wolt-Service, without consent of that other person; (ii) create a Wolt account using a fake identity or an identity of another person; or (iii) access the Wolt-Service except through the interfaces expressly provided by Wolt, such as the Wolt App and Wolt website.
2.4 Where it is suspected that any unauthorized person has become aware of a User’s user account credentials or has access to the user account of the User, the User shall immediately inform Wolt thereof as well as change their credentials as far as necessary. The User shall be responsible for any use of the Wolt-Service and any activity under the user account of the User.
2.5 Wolt is entitled to remove or block a User from the Wolt-Service with immediate effect if: (i) the User violates the Terms of Service and Purchase, (ii) abuses the Wolt-Service or causes any harm or detriment to the use of the Wolt-Service or the Partners or Wolt or Wolt’s employees; or (Iii) Wolt has reasonable belief of fraudulent acts by the User when using the Wolt-Service. Wolt will inform the User of this in advance as far as possible and otherwise afterwards, giving the User the possibility to comment and then decide anew if necessary. A blocked User is prohibited from registering with the Wolt-Service again under a different profile and / or name.
2.6 For more information on how Wolt processes your personal data, please see the Wolt Privacy Statement.
3. Wolt Credits and Tokens
3.1 The Users of the Wolt-Service can obtain Wolt Credits or Tokens e.g. by inviting new users to sign up to the Wolt-Service. The User can use obtained Wolt Credits and Tokens to get a discount on his/her purchases made through the Wolt-Service. Wolt Credits and Tokens each indicate when they expire and can no longer be used to claim a discount, otherwise they expire no later than 2 years after receipt.
3.2 Wolt offers each User a personal referral code. A new User signing up to the Wolt-Service is granted Wolt Credits or Tokens when using such personal referral code when registering to the Wolt-Service for the first time or after the (repeated) order.The User whose personal referral code was used will receive Wolt Credits or Tokens. This is limited to the first ten Usersthat register to the Wolt-Service for the first timeusing the Users personal referral code or that register to the Wolt-Service for the first timeusing the Users personal referral code and after the (repeated) order.
3.3 Further information on the use of the personal referral code can be found in the Wolt-Service in your user profile.
3.4 Wolt may unilaterally determine the conditions applicable to the granting, use and validity of the Wolt Credits and Tokens.
3.5 Any signing-up bonus credits or tokens can be used only once.
3.6 All Wolt Credits or Tokens may not be transferred to third parties, sold or exchanged for money or any value outside the Wolt-Service. Cash payment of Wolt Credits and Tokens is excluded. Wolt Credits or Tokens may not be promoted with commercial intent and are limited to a maximum of 100 redemptions per month per user.
3.7 The Wolt Credits and Tokens will be nullified if Wolt detects any abuse of Wolt Credits, Tokens or the personal referral code or suspects or detects that Wolt Credits, Tokens or the personal referral code have been granted on incorrect grounds or used in violation of these Terms of Service and Purchase. In such cases, Wolt shall be entitled to invoice the amount that was paid using such Wolt Credits or Tokens to the User (meaning the amount of the discount provided). In addition, Wolt reserves the right to exclude respective Users from the future use of Credits, Tokens or the personal referral code.
4. Intellectual Property Rights and rights of use
4.1 All Intellectual Property Rights in or related to the Wolt-Service and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Wolt and/or its subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.
4.2 You have a limited, non-exclusive, revocable, non-transferable, and non-sublicensable right to access and use the Wolt-Service and the content made available through the Wolt-Service in the form offered to you by us from time to time solely for the purposes set out herein. In case the iOS Wolt App is downloaded from Apple’s App Store by the User, the license granted to the User under this Section 4.2 is further limited to a license to use the Wolt App on any Apple-branded products that the User owns or controls and as permitted by the usage rules set forth in the App Store terms of service and these Terms of Service and Purchase. Any rights not expressly granted to the User herein are reserved by Wolt and Wolt’s licensors.
4.3 These Terms of Service and Purchase do not grant the User any rights in or to Intellectual Property Rights in or related to the Wolt-Service and all rights not expressly granted hereunder are reserved by Wolt and its subcontractors/licensors. The right granted according to Section 4.2 above remains unaffected.
4.4 Wolt may, in its sole discretion, permit you from time to time to submit, publish or otherwise make available to Wolt through the Wolt-Service content and information, such as feedback and support requests related to the Wolt-Service, or submissions for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Wolt, you grant Wolt a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute and publicly display such User Content for intended use in all formats and current or future channels, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity, as far as the User Content is used within the Wolt-Service.
4.5 The User will not: (i) copy, modify or create derivative works of the Wolt-Service or any related technology; (ii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Wolt-Service or any related technology, or any part thereof, except if and to the extent permitted by applicable, mandatory statutory provisions; (iii) remove any copyright, trademark or other proprietary rights notices contained in or on the Wolt-Service; (iv) remove, cover or obscure any advertisement included on the Wolt-Service; (v) collect, use, copy, or transfer any information obtained from the Wolt-Service without the consent of Wolt; or (vi) use bots or other automated methods to use the Wolt-Service.
4.6 Apple shall not be responsible for any investigation, defense, settlement or discharge of any claim that the iOS Wolt App or your use of it infringes any third party intellectual property right.
5. Additional Provisions for use of the Wolt-Service
5.1 Wolt is constantly developing the Wolt-Service and Wolt may change or remove different parts of the Wolt-Service, including features and the Partner’s products available in the Wolt-Service in part or in whole.Wolt does not verify the accuracy or completeness of the Restaurant Information. Wolt does not promise any particular functionality or features of the Wolt-Service.
5.2 You are not permitted to use the Wolt-Service or any content thereof for other than non-commercial purposes. Use of any kind of systematic retrieval, such as use of any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Wolt-Service is strictly forbidden. Especially the following uses of the Wolt-Service are not permitted:
Publication of advertising content without complying with the legal requirements for the labeling of advertising;
Publishing content without having the rights and consents required under these Terms of Use;
Use of the app for illegal, fraudulent purposes or in connection with a criminal offense;
Publishing misleading information, unauthorized advertising or spam;
Publishing content that defames, insults, threatens or defames others;
Posting confidential information of another person;
Posting content that infringes intellectual property rights (e.g., copyright infringement, trademark and label infringement, counterfeit or pirated goods);
Publication of content intended to humiliate or expose another person;
Defamation of and incitement to violence against persons on the basis of their race, ethnicity, nationality, gender or gender identity, sexual orientation, religious affiliation, or disability or medical condition;
Publication of content that supports or glorifies terrorism, organized crime, fanatical or radical groups that spread hate speech;
Publication of pornographic, lewd, offensive, sexually oriented, obscene content;
Publication of content that is likely to morally endanger children or young people;
Publication of content that depicts or portrays cruel or otherwise inhumane acts of violence against humans or animals;
Selling or otherwise transferring user accounts or data contained in the app;
Publication of inaccurate warnings about viruses, malfunctions and the same call to participate in unfair sweepstakes, pyramid schemes, chain letters, pyramid games and similar actions.
5.3 The User must comply with applicable third party terms of agreement when using the Wolt App or the Wolt-Service.
5.4 You shall be responsible for obtaining and maintaining any devices or equipment (such as telephones) and connections needed for access to and use of the Wolt-Service and all charges related thereto.
5.5 The User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
5.6 Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Wolt App. To the extent that any maintenance or support is required by applicable law, Wolt, not Apple, shall be obligated to furnish any such maintenance or support. To the extent any warranty exists under law that cannot be disclaimed, Wolt, not Apple, shall be solely responsible for such warranty. Wolt, not Apple, is responsible for addressing any claims of the User or any third party relating to the iOS Wolt App or the User’s possession and/or use of the iOS Wolt App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Wolt App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the iOS Wolt App’s use of the HealthKit and HomeKit frameworks.The Wolt-Service may contain links to external sites whose content cannot be influenced by Wolt. These were checked when the links were set up for the first time. However, it cannot be ruled out that the linked contents are subsequently changed by the respective providers. Wolt checks the contents to which it refers in the Wolt-Service for changes regularly, but not constantly. The User is responsible for checking links that the user includes in its own content.
6. Availability
6.1 Please note that the Wolt-Service may at any time be interrupted or permanently discontinued. The Wolt-Service may also be temporarily suspended. Wolt does not owe a specific availability of the Wolt-Service in / through App-Stores or elsewhere. In particular Wolt has the right to perform planned ot unplanned maintenance work on the Wolt-Service (e.g. for reasons of IT security) and to restrict the availability of the Wolt-Service for this purpose at any time.
6.2 Do not use the Wolt-Service for the purpose of backing up data.
III. Terms of Purchase
1. Description of the Purchase Service
1.1 Wolt provides an online platformin which the User can purchase products and delivery services, if applicable, from Wolt. The online platformis accessible through the Wolt-Service. A more detailed description of the Wolt-Service and information on system requirements is available at wolt.com.
1.2 The products offered through the Wolt-Service are sold to you either by Wolt or by the Partner. In each case, the product description indicates who you are ordering from, i.e. who is the seller of the product and thus becomes your contractual partner for the Purchase Agreement for the product. If you order a product from a Partner as seller, additional Terms of Purchase of the Partner may apply, provided that they are stated in the product description.
1.3 You can also use the Wolt-Service to order delivery of your product if you do not want to pick it up yourself. If you order a product directly from Wolt as a seller, Wolt is also your contractual Partner for the delivery. If you order a product from a Partner, you order the delivery from the Partner or from Wolt; this is indicated in the product description.
1.4 Wolt provides the information about products and services, if applicable, in the Wolt-Service, including information on menus and product prices. The information on the delivery fee and / or service fee applicable at each time is provided in the Wolt-Service as well.
1.5 If you have allergies or other dietary restrictions or other product-related questions, please contact the Partner of the relevant Partner’s product. This applies regardless of whether Wolt or the Partner are sellers of the product. The Partner will provide food-specific or other product-related information upon request on Wolt’s behalf, in addition to the information provided by Wolt in the Wolt-Service.
2. Formation of contract, Order
2.1 The User may select the Partner’s products and services that the User wishes to orderthrough theWolt-Service and add these to his/her shopping cart. The presentation, product description or advertisement of Partner’s products in the Wolt-Service does not constitute a binding offer to conclude a Purchase Agreement.
2.2 The User makes a binding offer to purchase the selected products, delivery and services in the Wolt-Servicepushing the button titled “binding payment for purchase” when placing the order (“Order”). The order is addressed to Wolt or the Partner as seller, as stated in the product description. If your order refers to a product offered by the Partner in its own name, which is to be delivered by Wolt, your order may result in two related agreements, i.e. a purchase agreement with the Partner for the purchase of the product and a purchase agreement with Wolt for the delivery of this product. Each time when placing an Order the Terms of Purchase agreed between the parties – as amended in accordance with Section I.4 – shall apply. Additionally, the Partner's own Terms of Purchase may apply according to the product description. Wolt will then confirm the receipt of the Order without undue delay by electronic means, in which the User's Order is listed again; for products sold by the Partner this will occur in the name of the Partner. The confirmation of receipt of the Order merely documents that Wolt has received the User’s Order and does not constitute acceptance of the offer.
2.3 The User and Wolt or the Partner, depending on who is seller of the product, enter into the Purchase Agreement only upon acceptance of the Order by Wolt or the Partner. The Order is accepted by Wolt or the Partner only if Wolt has provided the User with a notice of acceptance through the Wolt-Service. When an Order is addressed to a Partner, Wolt may accept the Order on behalf of the Partner. The fulfilment of the Order is subject to availability and Wolt or the Partner reserves a right, in its sole discretion, to cancel or not to accept an Order. With this notice of acceptance at the latest provided upon delivery of the goods, the complete text of the underlying Purchase Agreement(consisting of Order, applicable Terms of Purchase, if applicable, the Terms of Purchase of the Partnerand order confirmation) is provided to the User by Wolt in form of a durable data medium, e.g. e-mail or print. The text of the underlying Purchase Agreement will be stored in compliance with data protection laws.
2.4 After the Order has been placed by the User, the Order cannot be cancelled by the User. You cannot withdraw or cancel an Order for products or delivery services once you have placed it, unless such right is provided under the Purchase agreement and/or applicable law. If the User is a consumer within the meaning of Section 13 German Civil Code (Bürgerliches Gesetzbuch) the right of revocation, if applicable, as further referenced in Section III.3. remains unaffected.
2.5 Prior to placing an Order you should carefully review your selection. Before placing the Order the User may review and change the details of his/her Order at any time.
2.6 When you use the Wolt-Service, there may be a minimum value for purchase required, in which case you will be notified thereof before you place the Order on the Wolt-Service. Where an Order fails to meet the required minimum value, you will have the possibility to pay the difference to meet the minimum value or to add more products to your Order in order to reach the minimum value for an Order.
2.7 In the Wolt-Service, if a delivery is made by Wolt, there is a possibility to assign a tip to the delivering person. A tip is a voluntary service of the User without payment character, which is passed on by Wolt to the delivering person as intended. After assigning the tip in the Wolt-Service and placing the Order, the User cannot cancel or claim back a tip determined by him/her.
3. Right of revocation
3.1 If the User is a consumer within the meaning of Section 13 German Civil Code (Bürgerliches Gesetzbuch), he/she shall be entitled to a right of revocation in accordance with the statutory provisions, of which Wolt provides more detailed information below. Consumer in this sense (and in the sense of this Terms of Purchase) is any natural person who uses the Wolt-Service and places Orders for a purpose which can predominantly not be attributed to his/her commercial or self-employed professional activity.
3.2 The User who is a consumer shall not have a right for revocation if statutory provisions provide for a respective exclusion from the right of revocation. For agreements or parts of agreements that fall under the respective exclusions, the User has no right of revocation. According to statutory law the right of revocation shall, inter alia, not exist for the following contracts:
- contracts for the supply of goods that are not pre-fabricated and the production of which is governed by an individual choice of or decision by the consumer, or that are clearly tailored to personal needs of the consumer,
- contracts for the supply of goods which are highly perishable, or which may quickly pass their expiration date,
- contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if such goods were unsealed after delivery,
- contracts for the supply of goods which, according to their nature, are inseparably mixed, after delivery, with other items,
- certain contracts for the provision of services in the fields of the transport of goods, car rental services, deliveries of food and beverages, or services related to leisure activities, if the contract provides for a specific date or period of performance.
- Contracts or parts of contracts for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
- Contracts or parts of contracts for the supply of newspapers, periodicals, magazines with the exception of subscription contracts;
Upon revocation of the contract, you shall also no longer be bound by a contract related to this contract if the related contract concerns a service provided by us or a third party on the basis of an agreement between us and the third party.
Instruction on right of revocation
Right of revocation
You have the right to revoke the respectivecontract within fourteen days without giving any reasons.
The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier of the order have taken possession of the last goods of the respective order.
In order to exercise your right of revocation, you must inform us (Address: Wolt Enterprises Deutschland GmbH, Stralauer Allee 6, 10245 Berlin, Germany; E-mail: support@wolt.com) of your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You can use the attached model revocation form, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this agreement, we, or Wolt License, will refund to you all payments we have received from you, including delivery charges(and service fee if applicable) (other than additional charges arising from your choice of a different method of delivery than the cheapest standard delivery offered by us), promptly and no later than fourteen days from the date on which we received notice of your revocation of this Agreement.For this refund we, or Wolt License, will use the same means of payment as you used for the original transaction unless you have selected cash payment as a means of payment or expressly agreed otherwise with you. In case you have chosen cash payment as a means of payment, the refund will be paid out to (one of) your stored online payment method(s); in no event will you be charged for this refund. We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You shall return or deliver the goods to us immediately and in any event no later than fourteen days after the day on which you notify us of the revocation of the agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
End of the instruction on the right of revocation
Model revocation form
(If you want to revoke the contract, please fill out this form and send it to us.)
- To Wolt Enterprises Deutschland GmbH, Stralauer Allee 6, 10245, Berlin, Germany; E-Mail: support@wolt.com):
- Herewith I/we (*) revoke the agreement concluded with me/us (*) regarding the purchase of the following goods (*)/ the provision of the following services (*)
- Ordered on (*)/received on (*)
- name of the consumer(s)
- address of the consumer(s)
- signature(s) of the consumer(s) (only in case of notification on paper)
- date ________
(*) Delete as applicable.
4. Payments, Prices
4.1 The User shall pay the purchase price agreed in the respective purchase contract to Wolt, i.e. including agreed delivery feesand / or service fees (if applicable). The payment obligation of the User arises upon conclusion of the respective purchase contract. If a purchase agreement is concluded between the User and a Partner, Wolt or Wolt License is authorized to receive and collect the purchase price on behalf of the Partner.
4.2 The prices stated in the Wolt-Service each include the legally applicable value added tax. A possible deposit for bottles or other packaging is indicated in the product description, if applicable, is shown separately and then increases the price, if applicable. Packaging with a deposit can only be returned to the respective partner and not to a delivering person. If an order concerns several services (e.g. product and delivery), Wolt may combine them in one invoice.
4.3 The User may fulfil the payment obligation under the Purchase Agreement only by using one of the relevant payment methods provided in the Wolt-Service. The User is informed on the applicable payment methods in the Wolt-Service.
4.4 In case the user chose credit card or a different online means of payment as payment method, the payment will be automatically charged from the User’s stored online means of payment upon delivery of the Order. Wolt, or Wolt License, is entitled to make an authorisation hold on the User’s means of payment once the Order has been placed through the Wolt-Service.
4.5. In case the user chose credit card or a different online means of payment as payment method, the refunds will be primarily paid out in Wolt Credits and / or Tokens. In case the user chose cash payment as payment method, all refunds will be made exclusively in Wolt Credits and / or Tokens.
5. Processing of an Order
5.1 After having accepted the Order, Wolt will transmit the details of the Order to the Partner.
5.2 The respective Partner providing the Partner’s products selected by the User acts either as a seller or, if Wolt is the seller, as a subcontractor of Wolt. In both constellations the Partner and will prepare the products set out on the Order to the User. If delivery services by Wolt have been ordered the Partner will provide the ordered Partner’s products to Wolt and Wolt will carry out the respective delivery to the User (see Section III.6). In case the User has selected the collection or eat-in option at the Partner’s point of sale or ordered a delivery through the Partner, the Partner will provide the ordered products to the User on behalf of Wolt at its point of sale or deliver them to the User (see Sections III.7 and III.8).
5.3 By placing an Order containing alcoholic beverages or food and/or tobacco products and other nicotine-containing products and/or pharmaceuticals, you declare that you are at least 18 years of age and have full legal capacity. The User will be refused delivery or handing over of alcoholic beverages and/or tobacco products and other products containing nicotine and/or pharmaceuticals in case he/she is unable to provide sufficient documentation (e.g. driver’s license, personal identity card) to the courier delivering or the Partner handing over the Order, providing evidence that the User is at least 18 years of age and, in the case of prescription drugs, a doctor's prescription. The User may be refused delivery or handing over of alcoholic beverages and/or tobacco products and other products containing nicotine and/or pharmaceuticalsalso in other cases stipulated by laws in the country where the User is located (e.g. if the User is showing signs of intoxication).
5.4 Wolt is entitled to refuse any Orders from a User, e.g. if: (i) User violates these Terms of Use and Sale or Partner's Terms of Sale when placing an order or otherwise, (ii) User fails to facilitate payment in accordance with the order, (iii) delivery or pick-up location is unusual or User may not be located there, or (iv) there is reasonable doubt about the correctness or authenticity of the Order.
6. Delivery of an Order
6.1 If the User orders the delivery of the Order through the Wolt-Service, the Order will be delivered to the location confirmed by the User in the Wolt-Service. The User also has to provide a clear, complete and accurate street address for the confirmed location in the Wolt-Service. The User is solely responsible for providing clear, complete and accurate street address and, if applicable, further instructions for the delivery of Orders on the Wolt-Service.
6.2 The User must be available to receive calls at the phone number the User has submitted to the Wolt-Service. If the phone number provided by the User cannot be reached, the delivery may, to an extent permitted by applicable laws, be cancelled by Wolt and the User may be charged for the full price of the Order.
6.3 The User may place an Order to be delivered as soon as possible (“Standard” delivery option) or by pre-ordering a certain delivery time (“Pre-order” delivery option). The User is asked to set a respective option during the ordering process on the Wolt-Service.
6.4 “Standard” delivery option: The User must be present at the confirmed location set out in the Order between the time of making the Order until the products set out in the Order have been received. If the User is not available at the location he/she has confirmedwithin ten minutes of the arrival of the delivery of the ordered products or the Order is not deliverable for other reasons and the User does not respond after two contact attempts by the courier making the delivery, Wolt or the Partner may withdraw from any affected purchase agreement and the courier may leave the confirmed location set out in the order. Wolt or the Partner is entitled to claim the full priceof the Order from the User.
6.5 “Pre-order” delivery option: The User must be present at the confirmed location between ten minutes prior to the pre-ordered delivery time until the moment of delivery in order to receive the Order.If the User is not available at the location he/she has confirmed within ten minutes after the pre-ordered time and the delivery cannot be carried out even after two contact attempts by the courier making the delivery, Wolt or the Partner may withdraw from any affected purchase agreement and the courier may leave the confirmed location set out in the Order. Wolt or the Partner is entitled to claim the full priceof the Order from the User.
6.6. If the User has ordered a delivery by Wolt via the Wolt-Service, the User can view the current status of his Order and the expected delivery time in the Wolt-Service. In case of a delivery by the Partner ordered by the User, corresponding updates are usually not available.
6.7 When you add products sold by weight in your Order, Wolt will not know their exact weight until the products are weighed by the Partner. For such weight-based products, any price per product shown on Wolt-Service is only an estimate given by Wolt or the Partner. The final price of the weight-based product in your Order will be determined and charged based on the actual weight of the product you receive. To cover for possible price adjustments caused by weight variation, Wolt or Wolt License will make a temporary authorization hold on your card. The amount of the temporary authorization hold or charge will be at maximum 20% of the value of weight-based products included in your Order. In case the product in your Order weighs less than as indicated in your Order confirmation, Wolt or Wolt License will refund you the price difference. In case the product in your Order weighs more than as indicated in your Order confirmation, Wolt or Wolt License will charge you the price difference from the temporary authorization hold or charge made for weight-based products. Any part of the temporary authorization hold or charge that is not needed for covering for a price adjustment will be returned or refunded to your card.
7. Collection of an Order at the Partner’s point of sale
7.1 If the User has not ordered delivery of the Partner’s products set out in the Order, but the collection at the Partner’s point of sale, the products can be collected at the Partner‘s point of sale the User has chosen in connection with the Order. The User will receive a separate electronic confirmation when the products are ready for collection. The Partner or Wolt may set conditions for the identification of the User when collecting the products set out in the Order.
7.2 The Partnershall retain the ordered products for 60 minutes after Wolt has notified the User that the Order is ready for collection at the Partner’s point of sale. However, this obligation is limited to the opening hours of the particular Partner’s point of sale and the Order has to be collected before the closing time of said Partner‘s point of sale. If the User does not pick up the ordered products within the specified time, Wolt or the Partner may withdraw from any affected purchase agreement. Wolt or the Partner is entitled to claim the full priceof the Order from the User.
8. Eat-in Order
If the User has selected the option to consume the products set out in the Order at the Partner‘s point of sale, the User will receive a separate electronic confirmation about the expected time the products will be ready to be consumed at the Partner’s point of sale. The Partner or Wolt may set conditions for the identification of the User when providing the products set out in the Order.If the User does not pick up the ordered products within the specified time, Wolt or the Partner may withdraw from any affected purchase agreement. Wolt or the Partner is entitled to claim the full priceof the Order from the User.
9. Time estimates
Any delivery time or pick-up time or other time estimate communicated to the User by Wolt in the Wolt-Service are only estimated times. There is no guarantee that the Order will be delivered or available for collection or consumption at the estimated time. Time estimates may also be affected by factors that are beyond Wolt’s control, such as traffic jams, rush hours and weather conditions.
10. Complaints, Warranty
10.1 In case of problems with the delivery or with the ordered product, the User may contact Wolt's customer service via the customer support chat included in the App or at support@wolt.com, respectively. This applies regardless of whether Wolt or the Partner has become the User's contractual partner.
10.2 A User who has discovered an incorrect delivery, missing products or defects in the performance of a purchase contract may submit complaints to Wolt, e.g. via the communication channels pursuant to Section 10.1 above, with a description as meaningful as possible. Wolt is entitled to request further necessary or relevant information (e.g. photos).
10.3 In all other respects and subject to the Partner's terms and conditions of sale, the statutory provisions shall apply with regard to non-performance or defective performance for products ordered via the Wolt-Service. Please note that in case of a Purchase Agreement with a Partner, your respective claims are only directed against your contractual partner, i.e. the Partner. In case of complaints via the communication channels according to Section 10.1 above, Wolt Support will inform you about it, if necessary.
*****
Updated 23.01.2023 Valid from 17.02.2023