Terms of Use
Effective Date: June 2024
Welcome to Fast Delivery Squad (FDS), a web application owned and operated by Bandesoft GmbH. These Terms of Use ("Terms") govern your access to and use of the FDS website, mobile application, and any other services provided by FDS (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
1. Definitions
- Offer: The presentation of food and grocery items available for order through the Platform.
- Order: A request by a Customer to purchase food and grocery items through the Platform.
- Customer: An individual who places an Order through the Platform.
- Agreement: The contract between the Customer and FDS established when an Order is placed and accepted.
- Platform: The FDS website and mobile application through which the Service is provided.
- Business: The restaurants and supermarkets that offer food and grocery items for sale through the Platform.
- Business Information: The details about each Business, including name, address, and offerings.
- Age Restricted Item: Items that are legally restricted to individuals of a certain age.
- Service: The food and grocery delivery service provided by FDS.
- FDS: Fast Delivery Squad, owned by Bandesoft GmbH.
2. Identity of FDS
Bandesoft GmbH
Wüstenhöferstraße 50,
45355 Essen, Germany
Email: contact@fd-squad.com
Phone: +49 020187652711
3. Applicability
These Terms apply to all Offers, Orders, and Agreements made through the Platform. By using the Service, Customers agree to these Terms.
4. The Offer
4.1 The Offer includes a description of the food and grocery items available for Order, including price, ingredients, and any applicable restrictions (such as age restrictions for certain items).
4.2 FDS reserves the right to modify or withdraw Offers at any time without prior notice.
5. The Agreement
5.1 An Agreement is formed when a Customer places an Order and the Order is accepted by FDS.
5.2 FDS will confirm acceptance of the Order by sending a confirmation email to the Customer.
6. Cancellation of the Order
6.1 Customer Cancellation: Customers have the right to cancel an Order depending on the type of items in the Order. Perishable goods, including food and grocery items, typically cannot be canceled once the Order has been accepted.
6.2 Business Cancellation: The Business also has the right to cancel an Order at any time due to unforeseen circumstances or inability to fulfill the Order.
7. Withdrawal
7.1 The right of withdrawal does not apply to Orders of perishable goods, including food and grocery items.
8. Payment
8.1 Payment for Orders must be made through the Platform using the available payment methods.
8.2 The Customer agrees to pay the total amount displayed at checkout, including any applicable taxes and delivery fees.
9. Complaints Settlement
9.1 If the Customer has any complaints regarding the Service or the quality of the food and grocery items, they should contact FDS customer support through the Platform or via the contact information provided.
9.2 FDS will investigate and respond to complaints within a reasonable timeframe.
10. Newsletter
10.1 By creating an account, Customers agree to receive newsletters and promotional materials from FDS.
10.2 Customers may unsubscribe from the newsletter at any time by following the unsubscribe link in the email.
11. Reviews of the Business
11.1 Customers may leave reviews of the Business through the Platform.
11.2 Reviews must be based on the Customer’s genuine experience and must not contain offensive, defamatory, or misleading content.
12. Use of Stored Personal Data
12.1 FDS will handle all personal data in accordance with its Privacy Policy.
12.2 By using the Service, Customers consent to the collection, use, and storage of their personal data as described in the Privacy Policy.
12.3 Personal data may be used to process Orders, provide customer support, and send promotional materials.
13. Cookies
13.1 We employ the use of cookies. By accessing FDS, you agreed to use cookies in agreement with FDS's Privacy Policy.
13.2 Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
14. License
14.1 Unless otherwise stated, FDS and/or its licensors own the intellectual property rights for all material on FDS. All intellectual property rights are reserved. You may access this from FDS for your own personal use subjected to restrictions set in these terms and conditions.
14.2 You must not:
- Republish material from FDS
- Sell, rent, or sub-license material from FDS
- Reproduce, duplicate or copy material from FDS
- Redistribute content from FDS
14.3 This Agreement shall begin on the date hereof.
15. Comments and User Content
15.1 Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. FDS does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of FDS, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions.
15.2 FDS reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive, or cause breach of these Terms and Conditions.
15.3 You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy;
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
15.4 You hereby grant FDS a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
16. Hyperlinking to our Content
16.1 The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
16.2 These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
16.3 We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
16.4 We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of FDS; and (d) the link is in the context of general resource information.
16.5 These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
16.6 If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to FDS. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
16.7 Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
16.8 No use of FDS's logo or other artwork will be allowed for linking absent a trademark license agreement.
17. iFrames
17.1 Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
18. Content Liability
18.1 We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
19. Reservation of Rights
19.1 We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
20. Removal of links from our website
20.1 If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
20.2 We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
21. Disclaimer
21.1 To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
21.2 The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
21.3 As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
22. Miscellaneous
22.1 FDS reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting on the Platform.
22.2 Continued use of the Service after the posting of changes constitutes acceptance of such changes.
22.3 These Terms are governed by the laws of Germany, and any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Essen, Germany.
Thank you for choosing Fast Delivery Squad (FDS). We look forward to serving you!