General Terms and Conditions

§1 Scope and Contracting Parties

These General Terms and Conditions ("Terms") govern the use of the eisbuchen.de platform, operated by Agnello Ventures (proprietor: Enrico Agnello, Rosenstrasse 11, 76456 Kuppenheim, Germany). The platform acts as a booking intermediary and technical service provider for mobile ice cream catering services and connects end customers with commercial ice cream van vendors.

§2 General User and Account Obligations

When registering on eisbuchen.de, all details provided must be complete and accurate. Registering under someone else's identity or with false details is prohibited. Login credentials (email address, password) must be treated as confidential and protected from access by third parties. If you suspect misuse or unauthorised access, please inform Agnello Ventures immediately at hallo@eisbuchen.de.

Prohibited use: In particular, the following are prohibited: automated extraction of platform content (scraping), distribution of spam or unsolicited advertising via platform features, manipulation of reviews or requests, circumvention of technical security measures, and any use that breaches applicable law or the rights of third parties. Breaches entitle Agnello Ventures to suspend the account immediately.

§2a Communication via the Platform & Protection of Contact Details

Before a binding booking is made, communication between customer and vendor takes place exclusively via the platform's internal chat (text messages). Exchanging contact details (in particular telephone numbers, email addresses, links to external sites or messenger handles) or requesting that the contract be concluded outside the platform is not permitted before a binding booking. Such details may be technically obscured; breaches are logged and may result in a warning, reduced visibility of the profile and, for repeated breaches, suspension of the account. Once a binding booking has been made, the contact details required to carry out the booking are automatically unlocked for both parties.

§3 Services for Customers (Ice Cream Bookers)

Using eisbuchen.de (browsing, using the planner, submitting requests and using the internal chat) is free of charge for end customers. A service fee under §3a only becomes payable once the customer accepts a binding quote from a vendor. eisbuchen.de provides the technical infrastructure to transmit requests, quotes and chat messages between the parties, and provides organisational protection for the booking (platform protection).

§3a Service Fee and Payment Processing

(1) A service fee becomes payable upon the binding acceptance of a quote via the platform. It is the remuneration paid to Agnello Ventures for the intermediary and platform service (including provision of the planner, chat, quote and booking processing, and reminder and protection functions) and is borne by the customer.

(2) Transparency: The service fee is already included in the total price shown in the quote ("incl. service & platform protection"). Its exact amount is shown to the customer at the latest in the booking dialogue, before binding acceptance. The fee does not increase the total price beyond the quote shown.

(3) Payment: The service fee is paid online to Agnello Ventures via the payment provider Stripe when the quote is accepted. The binding booking is only made once payment has been received; the customer receives confirmation of this. The remaining quote amount (the vendor's remuneration) – subject to any deposit under §3b – is not processed via the platform but settled directly between customer and vendor (e.g. on site); the vendor receives 100% of their remuneration.

(4) Due to the small business regulation under § 19 UStG (German VAT Act), Agnello Ventures' invoices/receipts do not show or charge VAT.

(5) Right to cancel: If the customer is a consumer, they generally have a statutory 14-day right to cancel the intermediary/service provided by Agnello Ventures. By booking, the customer expressly agrees that Agnello Ventures begins performing this service (intermediation, unlocking of contact details, organisational protection of the booking) immediately. This service is essentially performed once the booking is confirmed and paid for; the right to cancel expires once the contract has been fully performed (§ 356(4) BGB – German Civil Code). Once the booking has been confirmed, refunds of the service fee are governed by the scale in §4a(2), which protects the customer in the event of early cancellation. Consumers have no statutory right to cancel in respect of the catering/event service provided by the vendor itself, pursuant to § 312g(2) no. 9 BGB (leisure activity for a specific date).

§3b Optional Deposit

(1) A vendor may specify in their profile that a deposit is charged for their bookings. The deposit is 20, 30, 40 or 50 per cent of the vendor's net price (the vendor's remuneration excluding the service fee) and applies to all quotes the vendor creates after this setting is made. The rate in effect at the time a quote is created is fixed for that quote; a later change only applies to new quotes. If no rate is set, no deposit is charged.

(2) The deposit forms part of the total price shown in the quote and does not increase it. Its amount is shown to the customer separately, at the latest in the booking dialogue. The deposit is an advance payment towards the vendor's remuneration and is received by Agnello Ventures (eisbuchen.de) exclusively in the name and for the account of the vendor, and passed on to them in full (a pass-through item); it is not consideration for any service provided by Agnello Ventures. The vendor deducts the deposit from their final invoice to the customer.

(3) The deposit is paid together with the service fee in a single transaction via the payment provider Stripe when the quote is accepted, and is technically allocated directly to the vendor's Stripe payout account. Technical payment processing and holding the deposit until payout are handled exclusively via Stripe. Agnello Ventures does not hold a payment account for either customer or vendor and does not receive the deposit into its own bank account; it only controls the timing of the payout to the vendor.

(4) Payout to the vendor: The deposit is released to the vendor as soon as one of the following occurs first: the customer has submitted a review of at least 3 out of 5 stars for the event; or at least 14 days have passed since the (first) event date. In the event of a cancellation, the split under §4a(2) applies. If either party reports a problem or a no-show within this period, the payout is suspended pending clarification by Agnello Ventures.

(5) Payout requires the vendor to have set up a payout account with Stripe and completed the necessary identity verification (KYC). Until this has been done, the vendor cannot activate a deposit rate in their profile.

(6) Invoice for the deposit: On request – or automatically where a company or billing address has been provided – Agnello Ventures issues the customer with an invoice for the deposit in the name and for the account of the vendor (§ 14(2) sentence 4 UStG). The vendor authorises Agnello Ventures to do this by activating a deposit rate, and provides the information required for this (in particular tax number or VAT identification number, address, VAT status and applicable tax rate) completely and accurately; the vendor is responsible for its correctness. The vendor must credit the deposit invoice against their final invoice (§ 14(5) UStG). On Agnello Ventures' invoice for the service fee, the deposit is shown only for information as a pass-through item.

§4 Binding Quotes, Chat & Formation of Contract

Customers can submit non-binding catering requests via the portal. Commercial vendors can submit a binding quote to the customer via the portal and clarify details via the integrated chat.

Formation of contract and exclusion of liability for cancellations: If the customer accepts such a quote via the platform and pays the service fee under §3a, a legally binding catering contract is formed exclusively and directly between the customer and the respective vendor. Agnello Ventures (eisbuchen.de) does not become a party to this catering contract. All claims arising from this contract – in particular regarding performance, payment of the vendor's share, cancellation, unilateral withdrawal or defects – must be resolved directly between customer and vendor. eisbuchen.de accepts no liability or obligation to pay damages if either party fails to honour or cancels the catering contract.

Fixed price: The quantity relevant to the price (number of guests and portions, services selected) is specified by the customer in the request. The total price shown in the accepted quote, calculated on this basis, is a fixed price for the specified quantity. It is not reduced if less is consumed on the day of the event than specified. If more is consumed than shown in the quote, the vendor settles the excess quantity directly with the customer at the unit prices stated in the quote; this additional amount is not part of the service fee processed via the platform and is not processed via the platform. If the customer wishes to change the quantity before the event, the vendor can create an adjusted quote with an adjusted total price via the platform.

§4a Cancellations, Postponements and Withdrawals

Cancellations or requests for changes must be communicated via the platform's integrated chat, so that they are documented and traceable for both parties.

(1) Cancelling the catering contract: The customer may cancel the vendor's service free of charge vis-à-vis the vendor, unless customer and vendor have agreed otherwise. Any individual agreements between customer and vendor (e.g. cancellation fees) do not form part of these Terms.

(2) Refund of service fee and deposit on cancellation by the customer: The following final scale applies to the service fee paid to Agnello Ventures and any deposit held (§3b) in the event of cancellation by the customer, calculated from receipt of the cancellation up to the (first) event date: – Cancellation within 24 hours of payment, provided the event was still at least 14 days away at the time of booking: refund of 100% of the service fee and 100% of the deposit. – Cancellation 14 or more days before the event: refund of 100% of the service fee and 100% of the deposit. – Cancellation 7 to 13 days before the event: refund of 50% of the service fee and 50% of the deposit; the remaining 50% of the deposit is paid to the vendor as compensation for the cancellation. – Cancellation 0 to 6 days before the event: no refund of the service fee; the deposit is paid to the vendor in full as compensation for the cancellation. The refund is made automatically to the original payment method. The customer remains free to prove that Agnello Ventures or the vendor incurred no loss, or a substantially lower loss; the customer's statutory rights remain unaffected.

(2a) Postponements: If the event date is postponed by mutual agreement via the platform after the binding booking, the event date agreed at the time of booking remains decisive for calculating the scale under paragraph 2, provided it is earlier than the new date; otherwise the new date applies. A postponement therefore cannot be used to move a cancellation made shortly before the original date into a higher refund tier. The amount actually to be refunded on cancellation is shown to the customer before the cancellation is confirmed.

(3) Cancellation by the vendor / no-show: If a vendor has to cancel a confirmed booking, they must inform the customer without delay via the platform chat. If a vendor fails to appear at the event, the customer can report this via the review link or the chat; the report must be expressly confirmed by the customer and is reviewed by Agnello Ventures. In both cases, the customer receives a full refund of the service fee and any deposit, regardless of timing, as soon as the matter has been confirmed; until then, payout of any deposit to the vendor is suspended (§3b(4)). Vendors who cancel confirmed bookings at short notice or fail to appear risk restriction or suspension of their profile on the platform.

(4) In cases of hardship (e.g. serious illness with evidence, official prohibition, severe weather), Agnello Ventures may, on request, make a different arrangement as a gesture of goodwill; there is no entitlement to this.

No liability on the part of eisbuchen.de: Beyond the refund rules in this §4a, Agnello Ventures accepts no liability for losses or expenses incurred by a customer or vendor as a result of a cancellation or postponement.

§5 Billing and Subscription for Commercial Vendors (Partners)

Commercial vendors can register on eisbuchen.de and use the platform with a free account. In addition, a paid subscription (annual plan) can be taken out, which includes extended features (including a reduced service fee rate on bookings, which makes the vendor's quotes cheaper for customers in the final price, as well as additional profile features and a "Premium Partner" label).

Billing and small business regulation: Subscription fees are billed via the external payment provider Stripe. Due to the platform operator's small business regulation under § 19 UStG, Agnello Ventures' invoices do not show or charge VAT. All prices are net final prices. The subscription automatically renews for the chosen billing period unless cancelled before the end of the current term.

Service fee rates: The service fee rate applied to a booking depends on the vendor's subscription status at the time the quote is created, and is shown transparently to the vendor in the quote editor. The vendor's remuneration (their net quote price) is not affected by the service fee.

Subscription requirement above a revenue threshold (fairness principle): A free vendor account can be used indefinitely, as long as bookings brokered via the platform and confirmed on a binding basis have generated the vendor a total of less than €2,500 in revenue. Once this threshold is reached, responding to new, still-open requests – in particular sending quotes and writing chat messages relating to those requests – requires an active, paid subscription. Viewing existing requests and handling already-confirmed bookings, including the associated communication, remain unaffected and continue to be free of charge. The vendor is given advance notice of reaching the threshold. Vendors who had already exceeded this threshold at the time this rule came into effect are given a reasonable transition period of at least six weeks before the subscription requirement first applies to them.

§6 Vendor Obligations, Image Rights & Data Protection Requirements

Registered vendors are solely responsible for the accuracy of their profile details and undertake to comply with all applicable statutory requirements (e.g. trade registration, food law, hygiene regulations).

Insurance requirement: Every vendor is required to take out and maintain valid public liability insurance and product liability insurance for the duration of their activity on the platform. At the request of Agnello Ventures, the vendor must provide proof of such insurance without delay.

Guarantee for food and allergen information: The vendor guarantees that all information on ingredients, allergens and contents is complete, correct and up to date at all times.

Indemnity clause: The vendor indemnifies Agnello Ventures against all third-party claims arising in connection with the serving of food, incorrect allergen or ingredient labelling, or other breaches of food law obligations.

Image rights: When uploading logos, text and images, vendors guarantee that they hold the necessary rights of use for them.

Data protection requirements for vendors: Through a booking request, the vendor gains access to the customer's personal data. The vendor undertakes to use this contact data exclusively to process the specific catering request. Any disclosure to third parties or use for the vendor's own advertising purposes is prohibited and will result in immediate exclusion from the platform.

§7 Limitation of Liability

As a pure intermediary, Agnello Ventures is generally not liable for the quality, completeness or timely performance of the catering contract by the vendor. Regardless of this, Agnello Ventures is liable without limitation for damage caused by intent or gross negligence, as well as for damage resulting from injury to life, body or health. Liability under the Product Liability Act and under any guarantees given remains unaffected.

Reporting system: Customers and vendors can report issues relating to a confirmed booking via the platform (e.g. no-shows or complaints about the service provided on site). This reporting system is a voluntary tool for quality assurance and abuse prevention. No claim against Agnello Ventures arises from a report; in particular, Agnello Ventures thereby assumes neither responsibility for dispute resolution nor any guarantee that the reported matter will be resolved. Contractual claims (e.g. for remedy, price reduction or damages) exist solely between customer and vendor and must be resolved directly between them. Reported issues may be processed to safeguard platform quality, to prevent abuse and fraud, and – following review – to determine vendor-related reliability metrics; details of this data processing are set out in the privacy policy.

§8 Consumer Dispute Resolution

Agnello Ventures is not willing and is not obliged to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG). For consumer enquiries, you can reach us at hallo@eisbuchen.de.

§9 Ranking, Ordering & Visibility of Vendors

On eisbuchen.de, vendors are displayed in a particular order in various places (transparency obligation under Article 5 of Regulation (EU) 2019/1150 – the "P2B Regulation"). Event search: vendors within range are sorted in ascending order by the estimated total price for the specific request (including the service fee); since vendors with a subscription have a lower service fee rate, the subscription may indirectly affect the order. There is no further paid preferential treatment in the event search beyond this. Vendor overview: vendors with a subscription are shown before vendors without one, with verified vendors given priority. Regional pages: city first, then proximity. Visibility: only active, non-hidden, fully completed, non-demo profiles are publicly visible.

Automatic quotes ("Top Match"): When a customer submits a request via the planner, the platform automatically identifies all vendors suitable for the request (the event location lies within the vendor's specified service area, the profile is active and complete, and the vendor is not marked as unavailable on the date) and shows them to the customer in their customer area with a total price calculated from the prices, service areas and settings stored by the vendor, plus the service fee. The main parameter for the order is this total price (ascending); a subscription or any other payment made by the vendor to Agnello Ventures does not directly influence selection or ordering – the lower service fee rate for subscribers only affects the order via the total price shown. If the customer selects a vendor (a maximum of three open requests per event at any one time), the platform immediately creates a binding quote on the vendor's behalf, based on this data; vendors have agreed to this by activating their profile and can end their participation via their profile at any time. If a vendor does not respond within the period set by the platform, declines, or is unavailable, the platform may suggest replacement quotes from suitable vendors to the customer using the same criteria; where several vendors are equally suitable, distance to the event location and the vendor's track record (the ratio of automatic bookings successfully carried out to those cancelled by the vendor themself) decide between them. The customer is not bound by any of the automatic quotes and can decline them or submit a different request.

§10 Reviews – Origin and Authenticity Check

Reviews may only be submitted by customers who have made a booking request via eisbuchen.de and whose event has demonstrably taken place. The invitation is sent via a personalised, single-use review link (§ 5b(3) UWG). Submitting more than one review is technically not possible. Submitting untrue or fake reviews is prohibited. Agnello Ventures reserves the right to remove reviews that breach applicable law or clearly do not originate from a genuine customer.

§10a Information on Emails to Existing Customers

Pursuant to § 7(3) UWG, Agnello Ventures uses the customer's email address collected in connection with a request or booking to occasionally send email notices about similar services offered by eisbuchen.de (e.g. a reminder to plan an event for the next season). The customer can object to this use at any time, without giving reasons and at no cost other than the transmission costs under the basic rates – via the unsubscribe link in any such email, or informally to hallo@eisbuchen.de. Details of this data processing are set out in the privacy policy.

§11 Changes to these Terms

Changes are communicated to registered users by email at least six weeks before they take effect. The changes are deemed accepted if the user does not object within this period. Commercial vendors with an active subscription who object to a material change to these Terms have the right to terminate their subscription free of charge, with immediate effect, as at the date the change takes effect (special right of termination).

§12 Final Provisions

The law of the Federal Republic of Germany applies. If the contracting party is a merchant, the place of jurisdiction is the registered seat of Agnello Ventures (Kuppenheim). Should any provision of these Terms be invalid, the validity of the remaining provisions shall not be affected.