General delivery conditions

General Terms and Conditions of Delivery and Payment of Domino's Establishments

I. General

1. The following Terms and Conditions of Delivery and Payment shall apply to all orders of Domino's products or other foodstuffs (hereinafter referred to as "Goods") placed by customers at Domino's establishments and/or via an ordering platform operated by Domino's Pizza Deutschland GmbH as the system headquarters. These Terms and Conditions are available on the Domino's Pizza Deutschland GmbH online portal and as an integral part of the Domino's Webshop and may also be viewed at local Domino's establishments. Domino's Pizza Deutschland GmbH and the owners of the Domino's establishments in Germany are hereinafter also jointly referred to as "Domino's".

   
   The Domino's terms and conditions of delivery and payment shall be accepted by the customer as part of the contractual relationship between them whenever goods are ordered from Domino's, irrespective of the form in which this is done, and at the latest upon receipt of the goods.

2. Even if the customer orders goods via the web shop operated by Domino's Pizza Deutschland GmbH on the online portal www.dominos.de, a delivery contract shall always be concluded directly with the owner of the Domino's establishment named as the local Domino's branch in the web shop order and who issues or delivers the ordered goods to the customer.

3. Any contractual terms and conditions of the customer deviating from these General Terms and Conditions of Delivery and Payment shall not apply even if Domino's, being aware of such deviating terms and conditions, executes the legal transaction by issuing or delivering the ordered goods.  

II. Conclusion of contract

1. The offers contained in the flyers and on the website of Domino's constitute an invitation to the customer to make a concrete purchase offer (order) by placing an order.

2. By placing an order for goods, the customer bindingly declares that he/she wishes to purchase the ordered goods at the price stated in the notice, in the flyer or on the website. Domino's is entitled to accept this contractual offer either in writing or by delivering the goods.

3. If the customer orders the goods electronically, Domino's shall confirm the order without delay. However, the confirmation of the receipt of an order does not constitute a binding acceptance of the order, but may be combined with the declaration of acceptance. The contractual text of the electronic order shall be stored by Domino's together with the personal data provided by the customer when placing the order.

4. In the event of spelling, printing or calculation errors in the flyer or on the website or other product representations, Domino's shall be entitled to calculate the actual price. In this case, the customer shall have an unrestricted right to withdraw from the delivery contract.

5. The images reproduced in flyers or on the website or other product presentations of Domino's are symbolic; the goods may differ in execution, design and colour. However, the quality of the goods is always guaranteed within the Domino's system.

6. Orders by the Customer may be placed online, by email or by fax, by telephone and in person with Domino's on the basis of these Terms of Delivery. Domino's can be reached by telephone and in person during business hours.

7. Customer orders shall be processed in the order in which they are received during business hours, unless operational requirements necessitate a different handling.

8. The minimum order value depends on the distance between Domino's and the place of delivery. Further details can be found in the flyer and the internet order form.

III. Delivery

1. Domino's delivers while stocks last.

2. Domino's shall deliver as soon as possible, regularly within 30 minutes. All information regarding the delivery period and/or a delivery time, including any delivery time forecasts, shall be non-binding, unless the delivery full stop and/or delivery time have been expressly promised by Domino's in writing.

   This shall also apply to date orders placed by the customer, the binding nature of which must be expressly confirmed by Domino's in writing.

3. Delivery shall be made exclusively within the delivery area contractually allocated to the executing Franchisee within the framework of the Domino's system, unless Domino's expressly agrees in writing to delivery outside such delivery area.

4. The prices stated in the flyers and/or on the Domino's website are gross prices and include delivery.

5. In the event that customers are not present at the agreed or expected delivery date, Domino's reserves the right to charge an expense allowance. This right to charge an expense allowance shall also apply if a delivery fails for reasons for which the customer is responsible (example: defective doorbell). The amount of the compensation for expenses corresponds to the gross order value.

 IV. Payment

1. When paying for the Goods at the time of issue at the local Domino's establishment or at the time of delivery at the delivery address, the Customer may choose between the following methods of payment, subject to the establishment of all payment systems by the local Domino's establishment:

   
   a. Cash payment

   Payment shall be made at the Domino's establishment or to the Domino's messenger.

2. When ordering the goods via the Domino's webshop, the customer may also pay the invoice amount by online payment by selecting one of the following payment methods. In this case, the customer shall pay with debt-discharging effect to the payment service provider commissioned by Domino's, which is either Wirecard Bank AG with registered office at Einsteinweg 35 in 85609 Aschheim, or ADYEN BV with registered office at Simon Carmiggeltstraat 6-50 in 1011 DJ Amsterdam, the Netherlands. In these cases, the relevant payment service provider shall collect the invoice amount for the ordered goods from the customer in its own name for the account of the Domino's business executing the customer's order:

    

   a. Online credit card use in distance selling (MasterCard, VISA)

   In the case of the order procedure via the web shop, the credit card data and the name of the cardholder are entered with the online payment instruction, whereby the invoice amount is transferred by the credit card organisation via the payment service provider to the Domino's establishment for payment and charged to the customer's credit card account.

   
   b. Online payment via a Pay Pal account

   In the case of the order procedure via the web shop, the customer sends a payment for the invoice amount via Pay Pal, whereby the payment order is executed via a Pay Pal payment account of the customer and the amount instructed is credited to the payment service provider of the recipient.

   
   To send a payment with Pay Pal, the customer must register with Pay Pal in Germany and verify his Pay Pal account. For the initial registration of the customer, a link to the Pay Pal online portal is integrated in the Domino's webshop.

    

3. Within the framework of the Pay Pal online payment procedure, Domino's offers the customer the use of the Pay Pal direct debit procedure so that the customer can also send the payment via Pay Pal for future orders (so-called recurring payments) without having to register and verify his Pay Pal account again in each case. For this purpose, the customer authorises Domino's payment service provider to collect the invoice amount owed for future orders of goods to the Domino's business executing the order directly from the customer's Pay Pal account. At the same time, the Customer enters into a payment agreement with Pay Pal, pursuant to which Pay Pal is instructed to provide the amounts requested by the payment service provider from the Customer's Pay Pal account.

   The local Domino's establishment will only initiate such a debit of a customer's account with Pay Pal via the instructed payment service provider if and to the extent this was initiated by an order of goods from the Domino's establishment.

   In the event of any unauthorised debit of a customer's Pay Pal account by a Domino's establishment or in the event of an abuse of this authority to the detriment of the customer, only the owner of the Domino's establishment that initiated this unauthorised payment via the customer's Pay Pal account shall be liable to the customer. The other Domino's establishments or the system head office Domino's Pizza Deutschland GmbH shall not be jointly liable for any damage incurred by the Customer as a result, unless they are responsible for the unauthorised debit of the Customer's Pay Pal Account due to their own intentional or grossly negligent fault.

4. The method of payment requested by the customer must already be indicated when placing the order. Otherwise Domino's shall not be obliged to execute the order.

    

V. Retention of title

          The goods delivered shall remain the property of Domino's until they have been paid for in full.

VI. Liability for defects

1. Domino's does not assume any guarantee of quality or other warranties.

2. The customer shall check the goods for external damage and obvious defects upon delivery and, if necessary, complain immediately. Should damage and/or loss occur during transport, the driver shall inform the customer directly and without delay, at the same time notifying Domino's.

3. If the delivered goods are defective, the customer may demand subsequent performance by means of a replacement delivery. If the subsequent performance fails, the customer may, in case of a not insignificant defect, withdraw from the purchase contract, reduce the purchase price or claim damages.

4. Further claims of the customer - irrespective of the legal grounds - are excluded unless otherwise stated below.

5. Domino's shall not be liable for damage that has not occurred to the delivery item itself; in particular, Domino's shall not be liable for loss of profit or for any other financial loss suffered by the customer.

6. To the extent that the liability of Domino's is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents of Domino's.

7. The above limitations of liability (clauses 4-6) shall not apply to the extent that the cause of damage is based on intent or gross negligence or in case of personal injury (injury to life, body, health). The limitation of liability shall also not apply if the customer has claims under §§ 1 and 4 of the Product Liability Act.

8. If Domino's negligently breaches an essential contractual obligation, Domino's Pizza's liability to pay damages shall be limited to the damage typically occurring in transactions of the type in question. Material contractual obligations are obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contracting party regularly relies and may rely or which Domino's Pizza is obliged to grant to the contracting party according to the content of the contract.

VII. Data protection/protection of minors

1. The customer data stored in accordance with clause II.3. above include the name, the address with the corresponding postcode, the telephone and/or fax number as well as the email address provided by the customer.

2. By ordering goods, the customer agrees that the customer data stored by Domino's in accordance with clause II.3 above may be processed internally within the Domino's system and transmitted to the companies involved for the purpose of market analysis and personalised advertising.

3. Domino's will take into account the German Youth Protection Act. The customer is obliged to provide proof of age when ordering goods subject to the Youth Protection Act.

IX. external links, exclusion of liability

Domino's accepts no liability for the pages linked to its homepage/website. The operators or owners of the websites linked to the Domino's website are solely responsible for all content, information and references contained therein. This also applies to all services, promises and all other possibilities that can be used there.

 X. Applicable law

All legal relationships between Domino's and the customer based on the order of goods for issue or delivery to the customer shall be governed exclusively by the substantive and formal law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and those provisions of private international law that would lead to the application of a law other than German law.

XI. Place of performance and jurisdiction

The place of performance shall be the place where the ordered goods are issued or delivered to the customer. The exclusive place of jurisdiction for all disputes arising from the business relationship between Domino's and the customer shall be the court having jurisdiction at the place of the Domino's business executing the order if the customer is a merchant, a legal entity under public law or a special fund under public law.

XII. Regulatory gap

If, in the case of a contract which both parties consider to be concluded, the contracting parties have not in fact agreed on a point on which an agreement was to be reached, Domino's shall be entitled, taking into account and supplementing the agreements reached, to fill the regulatory gap at its reasonable discretion, taking into account the interests of both parties.

XIII. Severability clause

If individual provisions of a supply contract concluded between the customer and Dominos's or of these General Terms and Conditions of Delivery and Payment are or become void or ineffective, this shall not affect the validity of the supply contract as a whole and of the remaining contractual provisions. The parties to the supply contract shall be obliged to replace the void or invalid provision by a valid provision which comes as close as possible in its economic content to the void or invalid provision.

Author: Domino's Deutschland GmbH

(Status: 01 April 2016)