Le big TamTam - Food Market

GENERAL TERMS AND CONDITIONS
FOR YOUR PURCHASE AT
LE BIG TAM-TAM

Welcome to Le big TAM-TAM

The official text is the German Version of the AGB (Terms and Conditions). This English version only serves as a translation aid. In any case of different interpretations of the English and the German text the German version is valid and legally binding. This document informs you about the terms and conditions applicable when you place orders at our gastronomy Le Big Tam-Tam. Orders for items can be placed online via a web application (Operator Service) or locally at the respective food stands of our partners or at the bar (Local Ordering). Different conditions apply to the two ordering options, Operator Service and Local Ordering.

Please read these terms and conditions carefully before placing an order at Le Big Tam-Tam using either of the ordering options. If you have any questions, please contact us at moin@tellerrand-consulting.com.

By placing an order orally with an employee of a partner in the Local Ordering area, clicking “Place order now” in the Operator Service, or any other form of consent, especially in the form of payment, you accept these General Terms and Conditions as binding for you.

The general terms and conditions consist of the General Conditions (see Section 1), the Terms of Use applicable to the Operator Service (see Section 2), and the Sales Conditions applicable to future contracts for the purchase of items (see Section 3).

General Conditions

Identity of the Operator

Le Big Tam-Tam Gastronomy is a consortium of various partners, which is marketed to users by tellerrand consulting GmbH (hereinafter “Operator”).

Definitions
1. “Operator” oder “we” refers to tellerrand consulting GmbH, Bernstorffstraße 118, 22767 Hamburg, registered in the Commercial Register of the Hamburg District Court under HRB 125322.
2. “Partner” refers to the operator of a food stand, bar, or other service partner on the gastronomy area of Le Big Tam-Tam, who has entered into a distribution agreement with the Operator, whose items are offered by the Operator and sold to you via one of the available ordering options.
3. “Purchase Contract” is the binding contract for the purchase of items from the partner that is concluded based on your order. A purchase contract is concluded exclusively between the user and the Operator.
4. “Ordering Option” refers to an option through which an order for items from a partner can be placed with the Operator and through which a purchase contract can subsequently be concluded. Orders can be placed online via a web application (“Operator Service”) or on-site with an employee of a partner at a food stand or the bar (“Local Ordering”).
5. “Operator Service” refers to all digital applications under the name Le Big Tam-Tam provided by the Operator via a web application through which you can order/purchase items from the partners online from the Operator. There is no entitlement to the constant availability of the Operator Service.
6. “Local Ordering” refers to ordering/purchasing products at a food stand or the bar with an employee of a partner. Orders are usually placed orally.
7. “User” or “you” refers to a natural person who exercises one of the possible ordering options. The user must be at least 18 years old.
8. “Items” refers to the food and beverages that you can order from the partners through the Operator.
Scope of Application, Partial Invalidity
1. The following General Terms and Conditions in their version valid at the time of the order apply exclusively to the business relationship between the Operator and the user. Deviating general terms and conditions of the user are not recognized unless the Operator expressly agrees to their validity in writing.
2. The contract concluded based on these terms and conditions remains binding in its remaining parts even if individual points are legally invalid. Instead of the invalid points, the statutory provisions apply, if available. If this would represent an unreasonable hardship for a party, the contract as a whole becomes invalid.
Applicable Law and Jurisdiction
1. These General Terms and Conditions are subject to the law of the Federal Republic of Germany, excluding the UN Sales Convention. The statutory provisions regarding the limitation of the choice of law and the applicability of mandatory provisions, especially of the state in which the user as a consumer has their habitual residence, remain unaffected.
2. If the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from and in connection with a purchase contract between the user and the Operator is Hamburg.
Assignment

The Operator is entitled to assign the rights or obligations of the Operator under the General Terms and Conditions or a purchase contract in whole or in part without the prior consent of the user to an affiliated company, a legal successor, or a partner.

Limitation of Liability and Exclusions
1. The Operator is liable to the user for intent and gross negligence in accordance with the statutory provisions.
2. In other cases, the Operator is liable – unless otherwise regulated in the following Section 1.6.3 – in accordance with the statutory provisions only in the event of a breach of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the parties regularly rely (so-called cardinal obligation), whereby the compensation for damages is limited to the foreseeable and typical damage. In all other cases, the liability of the Operator – subject to the provision in the following Section 1.6.3 – is excluded. These limitations also apply in favor of the legal representatives and vicarious agents of the Operator if claims are made directly against them.
3. The Operator’s liability for damages resulting from injury to life, body, or health, in cases of fraudulent intent or the assumption of a guarantee of quality, as well as under the Product Liability Act, §§ 69 and 70 Telecommunications Act, or any other mandatory liability under applicable law remains unaffected by these limitations and exclusions of liability in this Section 1.6
4. The Operator is not responsible for incidents or disruptions due to force majeure (e.g., pandemics, strikes, lockouts, official orders, natural disasters, failure of communication networks, or gateways).

Terms of Use of the Operator Service
1. Description of the Operator Service (Web Application)
  1. The Operator provides the Operator Service through which the user can order items. Access to the Operator Service is via scanning a QR code provided in the gastronomy area.
  2. No registration is necessary to use the Operator Service. By using the Operator Service, you confirm that you are at least 18 years old.
  3. The use of the Operator Service itself is free of charge for the user. However, the use of the Operator Service for ordering items from the partners triggers a payment obligation according to the resulting purchase contract with the Operator. You are obligated to pay for all your purchases made through the Operator Service.
  4. To place an order for one or more items in the Operator Service, you must provide a valid payment method. You commit to providing all information about the payment method truthfully and completely and only to indicate payment methods that you are authorized to use.
  5. Information about the processing of your personal data can be found in our privacy policy https://tellerrand-consulting.com/agb-le-big-tamtam/
2. Usage Rights and Intellectual Property Rights
  1. The content published in the Operator Service is legally protected. All intellectual property rights in the Operator Service or in connection with it and the associated documentation and all parts and copies thereof remain exclusively with the Operator and/or the licensors. “Intellectual property rights” include copyright and related rights (including database and catalog rights, as well as image rights), patents, utility and design rights, trademarks, trade names, trade secrets, know-how, and any other form of registered or unregistered intellectual property rights. No rights to the intellectual property of the Operator Service are granted to the user, and all rights not expressly mentioned here remain reserved to the Operator and the licensors.
  2. It is prohibited for the user to (i) copy, modify, or create derivative works from the Operator Service or related software, (ii) reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code of the Operator Service or related software or parts thereof, (iii) remove copyright, trademark, or other proprietary rights notices contained in the Operator Service, (iv) remove, cover, or obscure any advertising contained in the Operator Service, (v) collect, use, copy, or transfer information received from the Operator Service without the Operator’s consent, or (vi) use bots or other automated methods to use the Operator Service. These prohibitions do not apply if and to the extent that the actions are permitted by applicable mandatory statutory provisions.
3. Additional Provisions for the Use of the Operator Service
  1. The Operator is constantly developing the Operator Service and may partially or completely change or remove various parts of the Operator Service and partner products.
  2. The use of the Operator Service or its contents for commercial purposes is not permitted. The use of any kind of systematic inquiries, for example, using robots, spiders, web crawlers, malware, automated processes, and/or devices for scraping, copying, and/or monitoring parts of the Operator Service is prohibited.
  3. Using the Operator Service via your mobile phone may require a specific operating system, for whose procurement and maintenance as well as all associated fees you are responsible.
  4. The Operator Service can be interrupted or permanently discontinued at any time. The Operator Service can also be temporarily suspended. The Operator does not owe any specific availability of the Operator Service. In particular, the Operator is entitled to carry out planned or unplanned maintenance work on the Operator Service (e.g., for IT security reasons) and to restrict the availability of the Operator Service for this purpose.
  5. The Operator Service may contain links to third-party applications, websites, and services (hereinafter “Third-Party Applications”) to provide customers with content, products, and/or services. The Operator has no influence on the design and content of the Third-Party Applications. Therefore, the Operator assumes no liability for the behavior, functions, or the timeliness, accuracy, completeness, or quality of the contents of the Third-Party Applications and expressly distances itself from all contents of the Third-Party Applications. This applies to all links to Third-Party Applications available in the Operator Service and the content available there.
Sales Conditions
1. Description of Ordering Options and Sales Services
  1. You can place orders using one of the two ordering options, Operator Service or Local Ordering, as detailed in Section 3.2 below. For the Operator Service option, the Operator provides a web application through which the user can purchase items. The terms of use set out in Section 2 apply to this. Access to the web application is through scanning a QR code provided in the gastronomy area of Le big Tam-Tam by the Operator.
  2. For the Local Ordering option, orders are placed at the food stands or the bar with an employee of a partner. Orders are usually placed orally. In this case, the employee acts as a representative of the Operator and is authorized to accept your binding order.
  3. The items offered in the gastronomy area or through the Operator Service are sold exclusively by the Operator to you. The Operator or a service provider commissioned by the Operator provides the information about items, including menu information and item prices, in the gastronomy area and in the Operator Service.
  4. If you suffer from allergies or other dietary restrictions or have other item-related questions, please contact the on-site staff of the respective partner item. The partner provides additional food-specific or other item-related information upon request.
2. Conclusion of Contract and Order
  1. Operator Service Ordering Option
    1. The product description in the Operator Service constitutes a binding offer to conclude a purchase contract. The user can select the items they wish to order through the Operator Service and add them to their cart. By clicking the “Place order now” button and submitting the order, you accept the offer to purchase the products in the cart, and a contract is concluded between you and the Operator. Each time an order is placed, these sales conditions apply. The Operator will promptly confirm receipt of the order electronically.
    2. You cannot cancel or withdraw an order for items once it has been placed unless such a right is provided in the purchase contract and/or under applicable law. Please review your selection carefully before placing your order. You can review and change your order details at any time before placing the order.
    3. The Operator Service offers the option to assign a tip to the partner’s employees. A tip is a voluntary contribution from the user without payment character, which the Operator passes on to the partner as intended. Once a tip has been assigned in the Operator Service and the order has been placed, the user cannot cancel or reclaim a tip they have specified.
  2. Local Ordering Option
    1. In the gastronomy area of Le big Tam-Tam, there are presentations, product descriptions, and advertisements for items that can be ordered at the food stands or the bar. The presentation, product description, or advertisement of the items in the gastronomy area does not constitute a binding offer to conclude a purchase contract.
    2. In the Local Ordering option, the user places their order orally with an employee of a partner at a food stand or the bar. This is a legally binding offer to purchase the selected items. The purchase contract between the user and the Operator is only concluded upon acceptance of the order by the Operator, represented by the partner’s employees.
3. Payment Terms, Prices, Refunds
  1. The user pays the purchase price agreed upon in the purchase contract (including any tips) to the Operator. The user’s payment obligation arises upon the conclusion of the respective purchase contract in accordance with Section 3.2.
  2. The prices stated in the gastronomy area and in the Operator Service include the applicable statutory VAT. If an order includes several services, they may be combined into one invoice by the Operator.
  3. When using the Operator Service to place an order, the user can only fulfill their payment obligation from the purchase contract by using one of the payment methods provided in the Operator Service. The user will be informed about the available payment methods in the Operator Service.
  4. If the user has chosen “credit card” or another online payment method as the payment method, the payment will be automatically debited from the stored online payment method upon delivery of the items. The Operator is entitled to pre-charge the user’s payment method as soon as the order has been placed through the Operator Service.
4. Processing an Order by the Operator
  1. After the purchase contract is concluded, the Operator forwards the details of the order to the partner. The respective partner from whom the ordered items originate acts as a subcontractor of the Operator. The partner prepares the items listed in the order for the user.
  2. By placing an order that includes alcoholic beverages or foods, you declare that you are at least 18 years old and fully legally competent. The user will be denied delivery or handover of alcoholic beverages or foods if they cannot provide sufficient documentation (e.g., driver’s license, ID card) to the partner delivering the order to prove that the user is at least 18 years old. The handover of alcoholic beverages or foods may also be refused at the reasonable discretion of the on-site staff (e.g., if the user shows signs of intoxication). The statutory withdrawal rights apply accordingly.
  3. The Operator is always entitled to reject a user’s order or withdraw from a purchase contract if (i) the user violates these terms of use and sales conditions when placing the order or otherwise, (ii) the user does not enable payment according to the order, or (iii) there are justified doubts about the correctness or authenticity of the order.
  4. The Operator and the partners are entitled to replace ordered items with other products of the same type and quality if the ordered items are out of stock. In this case, the user is entitled to refuse acceptance or request a refund equal to the value of the replaced items.
5. On-Site Consumption or Pickup of an Order at a Partner’s Sales Point
  1. When the user places an order for items through one of the ordering options, the user has the choice to consume the items listed in the order at the partner’s sales point (on-site consumption) or to pick up the items listed in the order at the partner’s sales point (To-Go business). For on-site consumption, there is generally a choice between delivery to the user’s seat and pickup at the partner’s sales point. However, there is no entitlement to delivery to the user’s seat; in case of overload, the user may be referred to pickup.
  2. Any time estimates provided are merely approximate. No guarantee is given that the order will actually be available for pickup or consumption at the estimated time.
  3. If the user has chosen the option to consume the items listed in the order at the partner’s sales point, the partner or the Operator may take measures to identify the user when providing the items listed in the order.
  4. If the user has chosen the option to pick up the items listed in the order at the partner’s sales point, the partner will make the ordered items available for pickup at the partner’s sales point. The user can, if the order was placed through the Operator Service, check the current status of the order through the Operator Service at any time. The user will receive a separate electronic confirmation when the items are ready for pickup. The partner will keep the prepared products for a maximum of 10 minutes after the Operator has notified the user that the order is ready for pickup at the partner’s sales point. If the user does not pick up the ordered products within the specified time, the Operator or the partner may withdraw from any affected purchase contract. The Operator or the partner is entitled to claim the costs incurred from the user. The partner or the Operator may take measures to identify the user when picking up the items listed in the order.
6. Complaints, Warranty
  1. In case of problems with one or more items in an order, the user can contact the Operator at moin@tellerrand-consulting.com In the case of Local Ordering, a complaint can also be made to employees at the food stand where the order was placed.
  2. A user who has noticed missing items or defects in the fulfillment of a purchase contract can submit complaints to the Operator, e.g., via the communication channels mentioned in Section 3.6.1, with a description as detailed as possible. The Operator is entitled to request further necessary or relevant information (e.g., photos).
  3. For entrepreneurs, the warranty period for items delivered by the provider is 12 months. Otherwise, the statutory provisions regarding non-performance or defective performance apply to items ordered through the Operator Service. No additional warranty exists for items delivered by the Operator.

General Conditions

Identity of the Operator

Definitions

“Operator” oder “we” refers to tellerrand consulting GmbH, Bernstorffstraße 118, 22767 Hamburg, registered in the Commercial Register of the Hamburg District Court under HRB 125322.

“Partner” refers to the operator of a food stand, bar, or other service partner on the gastronomy area of Le Big Tam-Tam, who has entered into a distribution agreement with the Operator, whose items are offered by the Operator and sold to you via one of the available ordering options.

“Purchase Contract” is the binding contract for the purchase of items from the partner that is concluded based on your order. A purchase contract is concluded exclusively between the user and the Operator.

“Operator Service” refers to all digital applications under the name Le Big Tam-Tam provided by the Operator via a web application through which you can order/purchase items from the partners online from the Operator. There is no entitlement to the constant availability of the Operator Service.

“Local Ordering” refers to ordering/purchasing products at a food stand or the bar with an employee of a partner. Orders are usually placed orally.

“User” or “you” refers to a natural person who exercises one of the possible ordering options. The user must be at least 18 years old.

“Items” refers to the food and beverages that you can order from the partners through the Operator.

Scope of Application, Partial Invalidity

Applicable Law and Jurisdiction

If the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from and in connection with a purchase contract between the user and the Operator is Hamburg.

Assignment

Limitation of Liability and Exclusions

The Operator is liable to the user for intent and gross negligence in accordance with the statutory provisions.

The Operator is not responsible for incidents or disruptions due to force majeure (e.g., pandemics, strikes, lockouts, official orders, natural disasters, failure of communication networks, or gateways).

Terms of Use of the Operator Service

Description of the Operator Service (Web Application)

The Operator provides the Operator Service through which the user can order items. Access to the Operator Service is via scanning a QR code provided in the gastronomy area.

No registration is necessary to use the Operator Service. By using the Operator Service, you confirm that you are at least 18 years old.

To place an order for one or more items in the Operator Service, you must provide a valid payment method. You commit to providing all information about the payment method truthfully and completely and only to indicate payment methods that you are authorized to use.

Information about the processing of your personal data can be found in our privacy policy https://tellerrand-consulting.com/agb-le-big-tamtam/

Usage Rights and Intellectual Property Rights

Additional Provisions for the Use of the Operator Service

The Operator is constantly developing the Operator Service and may partially or completely change or remove various parts of the Operator Service and partner products.

Using the Operator Service via your mobile phone may require a specific operating system, for whose procurement and maintenance as well as all associated fees you are responsible.

Sales Conditions

Description of Ordering Options and Sales Services

For the Local Ordering option, orders are placed at the food stands or the bar with an employee of a partner. Orders are usually placed orally. In this case, the employee acts as a representative of the Operator and is authorized to accept your binding order.

If you suffer from allergies or other dietary restrictions or have other item-related questions, please contact the on-site staff of the respective partner item. The partner provides additional food-specific or other item-related information upon request.

Conclusion of Contract and Order

Operator Service Ordering Option

Local Ordering Option

Payment Terms, Prices, Refunds

The user pays the purchase price agreed upon in the purchase contract (including any tips) to the Operator. The user’s payment obligation arises upon the conclusion of the respective purchase contract in accordance with Section 3.2.

The prices stated in the gastronomy area and in the Operator Service include the applicable statutory VAT. If an order includes several services, they may be combined into one invoice by the Operator.

When using the Operator Service to place an order, the user can only fulfill their payment obligation from the purchase contract by using one of the payment methods provided in the Operator Service. The user will be informed about the available payment methods in the Operator Service.

Processing an Order by the Operator

After the purchase contract is concluded, the Operator forwards the details of the order to the partner. The respective partner from whom the ordered items originate acts as a subcontractor of the Operator. The partner prepares the items listed in the order for the user.

The Operator and the partners are entitled to replace ordered items with other products of the same type and quality if the ordered items are out of stock. In this case, the user is entitled to refuse acceptance or request a refund equal to the value of the replaced items.

On-Site Consumption or Pickup of an Order at a Partner’s Sales Point

Any time estimates provided are merely approximate. No guarantee is given that the order will actually be available for pickup or consumption at the estimated time.

If the user has chosen the option to consume the items listed in the order at the partner’s sales point, the partner or the Operator may take measures to identify the user when providing the items listed in the order.

Complaints, Warranty

In case of problems with one or more items in an order, the user can contact the Operator at moin@tellerrand-consulting.com In the case of Local Ordering, a complaint can also be made to employees at the food stand where the order was placed.

For entrepreneurs, the warranty period for items delivered by the provider is 12 months. Otherwise, the statutory provisions regarding non-performance or defective performance apply to items ordered through the Operator Service. No additional warranty exists for items delivered by the Operator.