General Terms and Conditions of Business and Delivery of Fruitful Office GmbH
I. SCOPE
Our offer is intended solely for commercial customers. Our Terms and Conditions therefore apply only to corporate customers or business owners. For the purposes of these Terms and Conditions, a “business owner” is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the course of their commercial or self-employed professional activities.
Our General Terms and Conditions, in their currently valid version, apply to all contracts for the delivery of goods and all related legal transactions between Fruitful Office GmbH and the respective customer. The inclusion of the customer’s own terms and conditions is hereby rejected. Other terms and conditions shall not become part of the respective contractual relationship between us and the customer, even if they are not expressly rejected. Special agreements and side agreements are valid only after written confirmation by us. By placing an order, the customer confirms that they have read the Terms and Conditions prior to placing the order, understand their content, and acknowledge the Terms and Conditions as the sole basis for the conclusion of the contract.
Our Terms and Conditions apply both during the two-week trial period and in the context of ongoing deliveries or one-time deliveries.
II. FORMATION OF THE CONTRACT / AMENDMENTS TO THE CONTRACT
The product descriptions displayed on our website or contained in other marketing materials provided to the customer do not constitute binding offers. You may request a quote from us via our website, by email, or by phone. There is no entitlement to receive a quote or to the conclusion of a contract. We may refuse to enter into a contract with a customer without providing a reason.
You may accept our offer within one month. Upon acceptance of our offer, a legally binding contract is formed with the express acknowledgment of our Terms and Conditions. If you do not accept our offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that we are no longer bound by our declaration of intent. If you accept our offer only after the deadline has expired, this constitutes a new offer on your part, and we may accept this offer by expressly confirming it or by delivering the goods to you accordingly.
The subject matter of the contract is generally the purchase of our products through a continuous, ongoing supply arrangement, under which we undertake to deliver the goods specified in the contract to our customers at the intervals specified in the contract for the duration of the agreed contract term. Before the ongoing delivery begins, we offer our customers a two-week paid trial period. The trial period ends automatically after two weeks or the individually agreed trial period. Ongoing delivery thereafter will only take place if the customer expressly confirms this. The purchase of our products via a one-time delivery is generally only available to our existing customers.
You can change the contents of your recurring delivery at any time. You can also easily pause our service for a specific period. If you’d like to change or pause your order, please send us an email at [email protected]. To ensure we can process your request for a change or pause in a timely manner, we must receive it by 12:00 PM on the day before the desired change for deliveries made by our own fleet, and by 12:00 PM two days before the desired change for deliveries made by a third-party service provider. If your order has changed during the course of a month, this will be adjusted or credited on the following month’s invoice and applied to future orders.
III. CANCELLATION
The customer is not entitled to a right of cancellation under Sections 312d, 355, and 357 of the German Civil Code (BGB) or a right of withdrawal after the contract has been concluded, as the goods ordered are perishable goods pursuant to Section 312d of the German Civil Code (BGB). Furthermore, customers who are not consumers are not entitled to a right of cancellation.
IV. PRICES AND PAYMENT TERMS
Prices are exclusive of the statutory VAT, which is currently 7%. We expressly reserve the right to correct errors and change prices. Our prices are heavily dependent on fruit and fuel prices, as well as on changes in the statutory minimum wage. Should we plan a price increase, we will notify you in advance.
Payment for the ordered fruit baskets is made by invoice or direct debit, depending on the agreement. Invoicing for ongoing deliveries is done on a monthly basis at the beginning of each month; you will receive a separate invoice for your trial period after your final delivery. In the case of one-time deliveries, invoicing also takes place following the delivery. The amounts are due immediately upon receipt of the respective invoice. To reduce paper consumption, our invoices are sent via email as PDF files.
New orders can only be placed once previous orders have been paid in full. For ongoing deliveries, we reserve the right to suspend delivery until the customer has fully settled any outstanding invoices.
V. SERVICES AND DELIVERY
Our fruit assortments are carefully curated each week by our purchasing specialists. The fruit is purchased fresh daily at the fruit markets. We place the utmost importance on the highest quality, the right level of ripeness for the best flavor, and a selection that reflects the natural seasons.
To calculate delivery quantities as accurately as possible based on individual customer needs, we pack our products in fixed portion sizes rather than by weight. One portion of fruit or vegetables corresponds to a handful of fruit, in line with the definition of the “5 a Day” initiative. In most cases, one piece of fruit equals one serving; for small fruits, we weigh the serving sizes in advance; our customer service team is happy to provide information on the exact serving sizes for grapes, berries, and similar items.
Our seasonal fruit mix varies throughout the year. We guarantee at least five different types of fruit and approximately 40 servings of fruit in each FULL basket or 20 servings in each HALF basket, and approximately 48 servings in each FULL box or 24 servings in each HALF box. During certain seasons, especially in the summer, our seasonal baskets and boxes contain more than five different types of fruit. Our Basic Mix contains at least four different types of fruit all year round. We ask for your understanding that we cannot put together custom fruit mixes.
Our fresh fruit is selected and delivered at a level of ripeness that allows it to last at least two days in your office at room temperature (15–20°C). If the temperature in your office is higher or lower, this could affect the quality of your fruit.
Deliveries by our delivery teams are made within the respective delivery areas of our locations. Deliveries outside our delivery areas can be arranged on a case-by-case basis. For products delivered by our own fleet, we guarantee delivery between 7:30 a.m. and 2:00 p.m. We plan our delivery routes with the goal of keeping our CO2 emissions as low as possible.
Customers receiving products via shipping can expect delivery on the agreed-upon delivery day by 5:00 PM at the latest. Earlier fixed delivery times are available for an additional fee.
We do not deliver on national holidays. For holidays that apply only in specific federal states, we suspend our regular deliveries only at the production sites located in the respective affected federal states. During the Christmas season, when most offices are closed, we reserve the right to temporarily suspend our deliveries. This typically occurs during the week between Christmas and New Year’s Day. Should we decide to temporarily suspend our delivery operations during the Christmas season, we will inform our customers of this in a timely manner.
Our products are delivered in baskets, crates, or shipping boxes. The BASKETS and CRATES are the property of Fruitful Office GmbH and are exchanged by our team on a rotating basis. With each new delivery, our delivery team notes the number of empty baskets and crates collected from each customer. We regularly check our basket and crate inventories for each of our customers. Should a basket or crate be lost by the customer or damaged to such an extent that it becomes unusable, we reserve the right to charge a fee of €9 per basket or €15 per crate. Our SHIPPING BOXES are made of 100% recycled cardboard and can be disposed of by the customer in accordance with the material guidelines upon receipt.
VI. WARRANTY / DEFECTS / LIABILITY
Our fruit baskets, crates, and boxes are assembled and transported with the utmost care for our customers. Since our products are perishable goods, the customer must nevertheless inspect the goods immediately upon receipt and report any defects found without delay. Justified and timely complaints will be resolved via a credit note in the following month: Each portion subject to a complaint will be credited one-to-one against the next monthly invoice in accordance with our 100% Fruitful Guarantee.
If the customer fails to fulfill their notification obligations under Section 377 of the German Commercial Code (HGB), the goods shall be deemed accepted.
Any liability on our part is limited to the value of the goods, unless the damage is caused by willful misconduct or gross negligence. Other and further claims are excluded. If you fail to accept the ordered goods, we are entitled to demand compensation for the actual damage incurred.
VIII. NOTICE PERIODS
Cancellations must always be made in writing or by email ([email protected]). You may cancel your fruit delivery at any time during the current month, effective at the end of the month. If you decide to cancel our delivery service during the course of a month, we will continue to deliver to you until the end of that month, subject to a fee. We are subject to a one-month notice period, effective at the end of the month.
If you do not wish to cancel but merely wish to pause our delivery service for a certain period of time, this is easily possible at any time, provided you comply with the minimum notice periods described in Section II. Requests to pause the service must also be made in writing or via email.
IX. PRIVACY POLICY
Please refer to our separate privacy policy at https://www.fruitfuloffice.de/datenschutz
X. FINAL PROVISIONS
The legal relationship between us and the customer shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance and exclusive venue, to the extent permitted by law, is Frankfurt am Main.
Should individual provisions of these General Terms and Conditions conflict with statutory regulations or be invalid, this shall not affect the validity of the remaining provisions and the contract. The invalid provision shall be replaced by mutual agreement of the contracting parties with a provision that most closely approximates the economic meaning and purpose of the invalid provision.
