Terms & conditions

Please read these terms & conditions carefully and in their entirety before using www.personalchefberlin.de (hereinafter referred to as the “site”). The site and its content are owned by Personal Chef Berlin.

These terms & conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the site and/or purchasing or downloading any subscription, course, program, service, or product offered on or by us or the site.

Important notes: 

By using the site in any capacity, you voluntarily agree to these terms & conditions. you agree that you have read, understood, and consented to these terms & conditions. If you have any questions, please contact us at personalchefberlin[at]gmail.com.

You must be at least 18 years old and be able to consent to these terms & conditions. If you are under the age of 18, or you do not agree with these terms & conditions as stated herein, please stop now and do not use this site or its content. By using the site, you agree to the terms & conditions as stated herein, regardless of whether or not you have read these terms & conditions.

These terms & conditions contain an arbitration clause and require you to dispute or resolve any claim with us through arbitration. By agreeing to these terms & conditions, you agree to the arbitration clause and voluntarily waive your right to a jury trial.

By proceeding on the site, you hereby agree to the following:

Terms of use

1. Definition

“Company”, “we”, “i”, “our”, or “us” means Personal Chef Berlin and our website, www.personalchefberlin.de.

“Content” means any and all written, visual, video, or audio information contained on the site, including, but not limited to, any and all emails received from Chi, Personal Chef Berlin, and/or www.personalchefberlin.de, and any and all written or downloadable material purchased, viewed, or otherwise offered by Personal Chef Berlin and/or on www.personalchefberlin.de, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.

“Personal information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, dietary restrictions, cooking requests, etc.

“Site, courses, subscriptions, services, and/or products” means www.personalchefberlin.de, content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, ebooks, forms, worksheets, workbooks, webinars, website materials, cooking services, meal prep services, subscriptions, catering services, and/or templates available on the site.

“Site” means www.personalchefberlin.de and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.

“You” or “your” means the user, customer, or viewer of the site.

2. Consent

By using the site and/or making any purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these terms & conditions, our privacy policy and disclaimer.

By using the site and/or making any purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the site and its content by anyone under the age of 18 is unauthorized and in direct violation of these terms & conditions and our privacy policy.

3. Site rules

By using the site and/or making any purchase, you hereby agree and consent not to:

    • abuse or harass any person through or on the site.

    • post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website or company.

    • use the site in any way or for any purpose which violates any law of the united states and the jurisdiction in which you use the site.

    • post or transmit any “spam” or unwanted, unsolicited content.

    • post copyrighted materials, photographs, or content which do not belong to you.

    • promote or sell your own content, services, or products through the site, or the content, services, or products of anyone else other than us.

    • copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.

4. Disclaimer

By using the site, you understand that we are a personal chef service. We are not a nutritionist, dietician, therapist, doctor or licensed medical professional, and therefore you need to discuss and clear any and all changes to your lifestyle, food intake, exercise regimen, or medical treatment with your physician before implementing changes or habits suggested by us. You must discuss any and all changes to your diet, exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. Our content and services are for informational and educational purposes only, and is based on our personal experience.

5. Your consent to these terms & conditions

By using this site, or purchasing or downloading from our site, courses, services, and/or products, you implicitly and voluntarily agree to these terms & conditions as stated herein.

6. Changes to these terms & conditions

We reserve the right to change, amend, or otherwise alter these terms & conditions at any time without notice to you. When changes are made to these terms & conditions, we will update the “updated on” date at the bottom of this page. If you do not agree with these terms & conditions, please do not use our site, read or implement its content, or purchase or download anything from us.

7. Links to third-party or external websites

The site may contain or include website url links to third-party or external websites. Typically, these url links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to or expressing disagreement with, the external website’s privacy policy or terms & conditions.

8. Intellectual property ownership

The site and its content are intellectual property solely owned by Personal Chef Berlin. The site and its content are protected by German copyright and trademark laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

9. Our limited license to you

If you view, access, or purchase the site, courses, services, and/or products, you are considered our limited licensee (“licensee”). As a licensee, you agree and understand that the site, courses, services, and/or products have been written, created, drafted, invented and developed by us after a significant investment of time, money, education, hard work, and brainpower. The site, courses, services, and/or products are extremely valuable to us, both professionally and personally, and we take the protection of our site, courses, services, and/or products very seriously.

You may not use the site, courses, services, and/or products in any manner that is unauthorized, improper, against these terms & conditions or our privacy policy, or which violate German intellectual property laws unless authorized by us in writing beforehand.

10. Your license to us

By commenting on the site or submitting documents to Personal Chef Berlin via contact form, email or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.

11. Purchase & access terms

During the course of your use, purchase, and/or download from the site, courses, subscriptions, services, and/or products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these terms & conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the site to access your purchase or download. any violations of these terms & conditions will be legally pursued to the fullest extent permitted by law.

12. Sharing the site & its content

You must request and receive written permission by email personalchefberlin[at]gmail.com before sharing our site and its content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the site. You are required to give us and the site credit by linking to the site and its content if you share it on social media or your own website, including all photographs. Since the site and its content are not yours, you may not in any way imply or represent that the site or its content are yours or that you in any way created, caused, or contributed to the site or its content. You may not make any claims that you are in any way associated with Personal Chef Berlin.

13. No claims made regarding results

Any and all current or past-client testimonials, statements or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

14. No warranties, guarantees or representations

We do not offer any warranties, of any variety, regarding the site, courses, subscriptions, services, and/or products, and/or your purchase or download, in any way. The site, courses, subscriptions, services, and/or products, and/or your purchases or downloads are offered “as is” and without warranties of any kind, neither express nor implied, to the extent permitted by law. 

15. Your release of us

By using the site or purchasing, downloading, or using’s Personal Chef Berlin’s courses, subscriptions, services, and products, you agree to release, forgive, and forever discharge Personal Chef Berlin, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

16. Errors & omissions

Every effort is made to provide up-to-date accurate information both on the site and through our services. However, due to the complexity of the issues we cover, Personal Chef Berlin does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this site and/or from our services is accurate and up-to-date.

17. Arbitration clause

If you have any complaint or should any issue arise in the use of the site or Personal Chef Berlin’s courses, subscriptions, services, and/or products, please contact us directly first by emailing Chi at personalchefberlin[at]gmail.com.

The European Commission provides a platform for online dispute resolution (OS), which you can find here  http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this arbitration clause.

18. Consent to governing law

These terms & conditions, and any dispute arising out of it, shall be governed by German laws.

19. Limitation of liability

Personal Chef Berlin is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, purchase, or download from our site, courses, subscriptions, services, and/or products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. In no event shall we be liable to you for any indirect, special, exemplary, or consequential damages.

20. Defense & indemnification

You shall, at all times, indemnify, defend, and hold harmless Personal Chef Berlin, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Personal Chef Berlin (b) arising out of your breach of your obligations, representations, warranties, or covenants under these terms & conditions or the privacy policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.

21. Termination of your use

At our sole discretion, we are permitted to terminate your use or access to the site, courses, subscriptions, services, and/or products, and purchases/downloads if you abuse, violate, or breach any of these terms & conditions, privacy policy, disclaimer, or any other terms to which you have agreed to.

22. Your privacy & security on the site

Please read our privacy policy for how we handle your personal information.

Terms of sale

Personal Chef Berlin provides personal chef service (“Services”) to end-user customers (“Clients”) who purchase recurring subscriptions or one-time service to have the Services delivered weekly, biweekly or once to the address of the choosing (“Subscription”). Pricing for Services and Subscriptions can be found on the shop. We reserve the right to change prices or menus at any time.

1. Processing orders

If any problems arise with your order, or with the delivery address or payment method associated with your Subscription, and Personal Chef Berlin is unable to resolve the problem, we may notify you via e-mail or phone number using the contact information associated with your Subscription. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to process future Services until the problem has been resolved.

2. Delivery policy

Services are delivered weekly to most of central Berlin. Please make sure your zip code is eligible for delivery before ordering. Please visit delivery information for details.

IMPORTANT: Client, housemate or someone else that resides in same residence must be present at the time of delivery and store delivered meals in the refrigerator. We send a delivery notice/reminder on the day of delivery by email and whatsapp.

In case of delivery failure during warm seasons, we will not leave food at the doorsteps for safety issues due to warm weather. During winter when the daytime temperature falls below 5°C, we can leave the food outside with your permission if nobody is at home. If delivery fails, we can schedule another delivery or you can pick up in Weißensee (13086).

3. Return & refund policy

We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for subscriptions and services already rendered or products already purchased. In order to avoid being charged for a delivery/pickup, you must cancel before Monday at 9:00 for the same week’s delivery or at least 72 hours in advance of your scheduled delivery/pickup day. We do not accept returns.

If you have any questions or concerns, or if there is anything we can do to make your experience more pleasant, please email Chi at personalchefberlin[at]gmail.com.

4. Cancellation policy

Client can cancel anytime before 48 hours of delivery. If a client cancels after 48 hours of the scheduled delivery/pickup of any subscription, service or purchase, 30% of the service fee will be charged. This is out of respect of our time and effort, and in order to accommodate a full schedule of other clients. If you plan to be out of town or need to reschedule your pickup or delivery for any reason, please provide as much notice as possible.

5. Payment & purchases

When you purchase or download one of our courses, subscriptions, services, and products from us or the site, you may pay by Paypal or credit card. By doing so, you give Personal Chef Berlin permission to automatically charge your credit card for payment. You will receive an electronic receipt following your purchase, which you should retain for your records.

If you elect to keep a credit card on file, you agree that Personal Chef Berlin has permission to automatically charge before or when the order is complete, without checking with you before each transaction is charged, the amount due on the date(s) agreed upon.

If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our courses, subscriptions, services, and products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your purchase. 

We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a purchase or download of our courses, subscriptions, services, and products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your purchase or use of our site and its content.

6. Recurring subscription, automatic renewal

YOU ACKNOWLEDGE AND AGREE THAT SUBSCRIPTION PURCHASE WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.

Personal Chef Berlin will automatically renew your Subscription and charge your Payment Method weekly or biweekly. By ordering you are authorizing and agreeing to the automatic renewal of your Subscription.

Your Payment Method will be charged at least one full business day prior to your next Meal shipping date. We will charge your Payment Method with the applicable cost for your services, along with sales or similar taxes that may be charged with your subscription.

To avoid being charged, you must cancel your subscription in accordance with Cancellation terms above . We will continue to bill your Payment Method on a recurring basis (depending on the subscription and delivery frequency selected) until you cancel.

Personal Chef Berlin reserves the right, in its absolute discretion, to withdraw or modify any Service, Subscription, offering, or promotion at any time without prior notice and with no liability. Any and all Services, Subscriptions, offers, or promotions advertised on the Personal Chef Berlin Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

7. Managing subscriptions

Clients who purchase subscriptions can view and manage their subscriptions from their Customer Account. After logging in, they click My account, and then Subscriptions.

All subscriptions are listed in the Subscriptions section. Clients can click a subscription to view its details, including:

  • The next order date

  • Price

  • Subscription frequency

  • Order history 

  • Saved billing and shipping information

If the subscription has a limited number of renewals, the panel also displays the number of payments left in the subscription.

To cancel the subscription, they click Cancel Subscription. You'll receive an email notification when a customer cancels their subscription. Cancelling a subscription doesn't automatically cancel the most recent order. Please see refund policy in #3.

To change the subscription delivery address, clients must cancel the subscription and re-subscribe using different shipping details.

Entire agreement

These terms & conditions, our privacy policy and disclaimer, constitute the entire agreement between you and us with respect to the site, courses, subscriptions, services, and/or products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the site, courses, services, and/or products.

Severability

The provisions of these terms & conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these terms & conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these terms & conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

Contact

If you have any questions or concerns regarding these terms & conditions, please contact us: hello[at]personalchefberlin.de

 

Last updated on 25 May 2022.