By using the services of Food Butik Sweden AB, you accept these terms of service (”Terms of Service”). Please read these Terms of Service carefully before using the services of Food Butik Sweden AB. If you do not accept these Terms of Service, please refrain from using the service. These Terms of Service apply to all use of the services of Food Butik Sweden AB and to purchase agreements made between you and a Partner. These Terms of Service are solely between us and the User, and not with any third party.

1. Definitions

”Partner” refers to a restaurant or other collaborator that has entered into an agreement  with Food Butik Sweden AB to offer its products and services through the Food Butik  Sweden AB platform.

”Purchase Agreement” refers to an agreement for the purchase of products and any  delivery services from a Partner.

”Food Butik” refers to Food Butik Sweden AB, company registration number 559221-7391.

”Food Butik App” refers to the digital application provided by Food Butik Sweden AB for  ordering products from Partners.

”Food Butik Service” refers to both the Food Butik App and the Food Butik Sweden AB  website.

”User,” ”you,” or ”your” refers to an individual who uses the Food Butik Service.

”Retail Products” refers to food items and other consumer products offered by a Partner  through the Food Butik Service.

”Foodbonus” refers to credits that can be used to obtain discounts on orders through the  Food Shop Service.

2. Food Butik Sweden AB’s Identity

Food Butik Sweden AB, Råsta Strandväg 13 C, 169 79 Solna, Sweden

Company registration number 559221-7391

VAT registration number SE55922173910

Trade name: Food Shop

Email address: [email protected]

Information about Food Butik’s Partners and their products is provided through the Food Butik App and on our website.

3. Description of the Food Shop Service

3.1. Food Butik provides a platform where the User can purchase food products and delivery services from selected Partners. The Partner may charge a delivery fee and service fee.

3.2. Food Butik’s Partners provide information about their products and services through the Food Butik Service, including menus and prices. The price of the delivery service is stated with each individual order in the Food Butik Service. If you have allergies or specific dietary needs, please contact the Partner directly. The Partner is responsible for providing the necessary information upon request. Additional terms may apply when purchasing a Partner’s products and services, as indicated in the Food Butik Service. For Retail Products, the price stated at the time of the order applies. Small price variations may occur for pre-packaged products due to weight variations. The Partner may impose limitations on orders, such as quantity restrictions. If an item is unavailable, the Partner may fulfill the order without the item in question, and the User will not be obliged to pay for it. The Partner is responsible for providing information about allergens and other important product details in accordance with applicable laws. The Partner determines the range and pricing of its Retail Products in the Food Store Service. When the User has selected products and services and places an order, they make a binding order under the terms specified in the Food Butik Service (”The Order”). Food Butik forwards the Order to the Partner. Once the Partner has accepted the Order and Food Butik has confirmed it to the User, a purchase agreement is concluded between the User and the Partner. Food Butik provides a receipt on behalf of the Partner. Food Butik and the Partner reserve the right to cancel the Order if necessary.

3.3. The Partner is responsible for preparing and, if applicable, delivering the products according to the Order. Food Butik is not responsible for the Partner’s fulfillment of the Purchase Agreement.

3.4. An order that has been placed cannot be cancelled. Before confirming your order, please review your selection carefully.

3.5. For Retail Products, there is a statutory right of withdrawal within 14 days of receipt. Cancellation is made by contacting Food Butik or the Partner and returning the product to the point of sale. A receipt is required. The Partner may have additional warranty terms.

3.6. Some products are excluded from the right of withdrawal, such as perishable goods and sealed items that have been opened.

3.7. The User is responsible for the return shipping cost unless otherwise specified. If the product has changed substantially, only a partial refund may be granted.

3.8. Returns are made to the point of sale specified on the receipt. A refund will be issued within 14 days after the return is approved.

3.9. If an item is out of stock, the Partner may replace it with a similar product if the User has agreed to this. Replacements will follow established principles, for example, organic items will be replaced with organic items.

4. User Accounts

4.1. The User is granted a limited, non-transferable right to use the Food Butik Service in accordance with these terms.

4.2. To use the service, a personal user account is required. The User is responsible for keeping their login credentials secure.

4.3. In case of suspected unauthorized use, Food Butik must be notified immediately.

4.4. The User must provide a valid payment method to use the service. Payment details are handled by an external payment service provider.

5. Payments

5.1. The User pays the purchase amount through the payment function in the Food Butik Service. Food Butik receives payments on behalf of the Partner.

5.2. Only the payment methods specified in the service can be used.

5.3. Payment is charged upon delivery and may be reserved at the time of the order. Payments are handled by an external payment service provider.

5.4. In order for us to offer you Klarna’s payment methods, we need to share some of your personal data with Klarna, such as contact and order details, so that Klarna can assess whether you can be offered their payment methods and to tailor payment methods for you. You can find more information about Klarna  here . The use of this information is regulated in accordance with applicable data protection laws andKlarna’s data protection policy.

6. Food bonus

6.1. Users can earn Foodbonus through, for example, referral programs or as a bonus for purchases. Foodbonus can be used for discounts and purchases at the chosen Partner’s online store.

6.2. Food Butik determines the terms for Foodbonus and its validity.

6.3. Food bonus received as a registration bonus can only be used once.

6.4. Food bonus cannot be exchanged for cash or other forms of currency.

6.5. If Foodbonus has been obtained on incorrect grounds or misused, Food Butik reserves the right to invalidate it and invoice the corresponding amount.

7. Delivery of the Order

7.1. If delivery is included in the order, it will be sent to the address you have provided and

confirmed in the Food Butik App or on the website. In most cases, the Partner is responsible for the delivery.

7.2. After placing an order, you must be available at the phone number you provided in the app or on the website. If we or the Partner cannot reach you, the order may be cancelled, and you may be charged the full amount.

7.3. You can choose to have your order delivered either as soon as possible or at a specific time.

7.4. If you have selected the fastest possible delivery, you need to be present from the moment you place the order until it is delivered. If you are not available at the specified address within five (5) minutes of the delivery’s arrival and do not respond after two (2) attempts to contact you, the order may be cancelled, and you may be charged the full price.

7.5. If you have chosen delivery at a specific time, you need to be present at least ten (10) minutes before the specified time and remain until you have received your order.

8. Pick-up of the Order

8.1. If you have chosen to pick up your order yourself, you must do so at the point of sale you selected in the app. You will receive a confirmation when your order is ready. The Partner or Food Butik may require identification upon pickup.

8.2. Once you have been notified that your order is ready, the Partner will keep it available for at least sixty (20) minutes – provided the point of sale’s opening hours allow it. You must pick up your order within their opening hours.

9. ”Eat In” Order

9.1. If you wish to eat on-site, you will receive a separate confirmation when your order is placed expected to be ready for serving.

10. Delivery and Pickup Times

10.1. The times we provide for delivery and pickup are estimates and may be affected by factors such as traffic or weather. Therefore, Food Butik and the Partner cannot guarantee the exact time for delivery or pickup.

11. Intellectual Property Rights

11.1. All intellectual property rights associated with the Food Butik App and its content belong to Food Butik and its partners. This includes, but is not limited to, copyrights, trademarks, and design rights.

11.2. These terms do not grant you any rights to use the intellectual property rights of the Food Butik App other than as expressly stated herein.

11.3. Apple is not responsible for any infringement of third-party intellectual property rights related to the iOS version of the Food Butik App or your use of it.

11.4. Google is not responsible for any infringement of third-party intellectual property rights related to the Android version of the Food Butik App or your use of it.

12. Additional Terms Regarding the Use of the Food Shop Service

12.1. The Food Butik Service is only available to individuals who are over the age of eighteen (18).

12.2. The User must comply with all applicable laws and regulations when using the Food Butik Service, including those related to the purchase of alcohol and tobacco. If alcohol delivery is available in the user’s country, delivery may be denied if valid photo identification is not presented to prove that the user is at least eighteen (18) years old. The identification must be shown to the partner delivering the order.

12.3. Food Butik is continuously developing the Food Butik Service and reserves the right to modify or remove parts of the service, such as features, available products, and partners, in whole or in part.

12.4. By using the Food Butik Service, the user may be exposed to information or content that is incorrect, incomplete, misleading, prohibited, offensive, delayed, or otherwise harmful. Food Butik does not generally control the information or content provided by partners and is not responsible for third-party (including partners’) information or content, or for any damages arising from the use of or reliance on such information or content.

12.5. The User or Organizational Customer is responsible for obtaining and covering the cost of all necessary equipment (such as phones) and connectivity required to access and use the Food Butik Service, as well as for any costs associated with this.

12.6. The User agrees not to (i) use or attempt to use another person’s Food Butik account and/or gain access to another person’s payment details in the Food Butik Service or use someone else’s payment card without prior approval, (ii) copy, modify, or create derivative works of the Food Butik Service or any related technology, (iii) perform reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to discover the source code of the Food Butik Service or any related technology, (iv) remove copyright or trademark notices, (v) remove, cover, or obscure advertisements in the Food Butik Service, (vi) collect, use, copy, or transfer information from the service without Food Butik’s permission, (vii) use automated methods to access the Food Butik Service, (viii) create a user account under a false identity or someone else’s identity, or (ix) access the service in any other way than through the official channels designated by Food Butik, such as the app or website.

12.7. Food Butik reserves the right to immediately unregister a user from the Food Butik Service and/or refuse to process or cancel orders from the user if (i) the user abuses the service or causes damage or inconvenience to the use of the Food Butik Service or any partner, (ii) Food Butik has reasonable grounds to believe the user is using the service in an improper manner, (iii) the user places a fraudulent order (eg, by not paying or being unavailable for delivery), or (iv) there are grounds to suspect that an order is incorrect or fraudulent. If an order is canceled after payment, the corresponding amount will be refunded to the account from which the payment was made.

12.8. Food Butik collects and processes your personal data in accordance with our Privacy Policy. We collect your full name, telephone number, address (if delivery is chosen), and email address for marketing purposes and to enable us to contact you regarding your orders. We also share this information with the Partner from whom you placed your order to enable them to provide the service and contact you about your order. You can opt out of marketing communications by unregistering from the Food Butik Service. We comply with all applicable data protection laws, including GDPR.

12.9. The User agrees to comply with all applicable third-party terms when using the Food Butik app or service.

13. Term of Agreement and Termination

13.1. These Terms of Use constitute a binding agreement between Food Butik and the user as long as the user uses the Food Butik Service or until Food Butik notifies otherwise.

13.2. The user may terminate the use of the Food Butik Service at any time. Food Butik may cease providing the service, temporarily or permanently, at any time.

14. Complaints

14.1. Please note that the Food Butik Service may be discontinued at any time, temporarily or permanently. Do not use the Food Butik Service to back up data. Food Butik makes reasonable efforts to provide a flawless platform and services but cannot guarantee functionality, quality, or sustainability. Food Butik disclaims all liability except for what is expressly undertaken in these Terms of Use.

14.2. The Partner is responsible for preparing the products as per the order and within the time frame specified in the Food Butik Service. If there are errors in (the delivery of) the order, the user can contact (i) Food Butik’s customer service via the app or at [email protected] or directly contact the Partner.

14.3. The Partner is solely responsible for any inaccuracies in the order or other breaches of the purchase agreement.

14.4. If the user believes a breach of the purchase agreement has occurred, complaints must be immediately sent to Food Butik or the Partner, and the breach of the agreement must be clearly described. Complaints regarding retail products should be made within a reasonable time, but no later than two months from the date the defect was discovered.

14.5. Apple has no obligation to provide maintenance and support services with respect to the Food Butik app. To the extent required by applicable law, it is us, not Apple, who are responsible for providing such maintenance or support services. To the extent that a statutory and inescapable warranty applies, we, not Apple, are solely responsible for such warranty. We, not Apple, are responsible for handling any claims from the user or a third party regarding the iOS version of the Food Butik app or the user’s possession and/or use of the iOS version of the Food Butik app, i ncluding, but not limited to: (i) product liability claims, (ii) claims alleging that the iOS version of the Food Butik app fails to meet applicable legal or regulatory requirements, and (iii) claims arising in connection with consumer protection, privacy protection, or similar legislation, including in relation to the use of HealthKit and HomeKit frameworks in the iOS version of the Food Butik app. For Android apps, the same principles apply, where we, not Google, are responsible for providing maintenance and support services for the Android version of the Food Butik app. We are also responsible for any claims related to the use of the Android version of the Food Butik app, including but not limited to: (i) product liability claims, (ii) claims arising from non-compliance with legal or regulatory requirements for the Android version, and (iii) claims arising related to consumer protection, privacy protection, or similar legislation, as well as the use of specific Android technologies related to the app.

15. Applicable Law and Dispute Resolution

15.1. These Terms of Use shall be interpreted and applied in accordance with Swedish law.

15.2. If you are a consumer, please note that you cannot be deprived of the mandatory rights granted to you under consumer legislation.

15.3. Disputes arising from these Terms of Use shall be finally settled by a general court, with the Stockholm District Court as the first instance. However, a consumer may always bring a claim before the competent court in their place of residence. If you are a user residing within the EU, you and Food Butik also have the right to use the ODR platform provided by the European Commission to resolve disputes. The platform is available at ec.europa.eu/odr. You can also refer a dispute to the Swedish Consumer Agency or other equivalent out-of-court bodies in your place of residence, such as the Swedish Consumer Disputes Board.

16. Changes

16.1. Food Butik reserves the right to unilaterally change these Terms of Use.

16.2. In the event of changes to these Terms of Use, Food Butik will publish the updated terms on its website and inform the user of the changes via the Food Butik service or the email address provided in the service. If the user does not accept any of the changes, the user must stop using the Food Butik service.

17. Assignment

17.1. Food Butik has the right to transfer its rights and obligations under these Terms of Use, in whole or in part, to a company within the same group, a successor, or a purchaser of Food Butik related to the services, without the user’s consent.

17.2. The user does not have the right to transfer their rights or obligations, in whole or in part, under these Terms of Use.