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Terms & Conditions

These “General Terms and Conditions” are applicable to the relationship between kangu GmbH and its customers. For “Food-Partner” please refer to the “General Terms and Conditions for Food-Partner”.

1. Definitions

Offer: The goods and services offered by kangu GmbH that can be booked and bought by customers in the online store.

Event: A private or business event of a customer with an order from kangu GmbH. An order is considered to be an event when service staff is on site to attend to the guests. Otherwise one speaks of delivery and setup of the offer.

Order: an order of the customer at kangu GmbH in the online store.

Food Partner: A company that prepares meals and related products on behalf of kangu GmbH and provides kangu GmbH for the orders.

Food-Partner Information: The information about the Food-Partner, including the company and its contact details, general information, the product range (meals, supplements, options), company logo.

Customer: a natural or legal person who places an order with kangu GmbH via the online store.

Online Shop: The website, apps and programs of kangu GmbH through which customers can place their orders.

Service: The commercial services and/or activities that are offered to the customer by kangu GmbH, including the organization of an event, the delivery and setup of the offer, the support of the customer’s events and the organization of the return of the material.

Tip: An amount voluntarily paid by the customer, which is intended for the delivery person of the order or the service staff at the event.

Contract: An agreement between the customer and kangu GmbH through the online store, regarding an order.

2. Information

kangu GmbH
Untere Zäune 11
8001 Zurich
phone : 044 251 00 33
Email: info@kangu.ch
Company number: MwSt. Nr. CHE-259.307.442

3. Applicability

  1. These general terms and conditions are only applicable to the services of kangu GmbH. The kangu GmbH is not responsible for the production of the food. If applicable, the general terms and conditions of the food partner additionally apply to the offer.

4. Liability

  1. The liability, for the dishes published on the online store, lies entirely with the food partners. kangu GmbH does not assume any responsibility or liability for the ingredients of the dishes. The food partner may use ingredients and additives for dishes and beverages that may cause allergies and intolerances. If you are allergic to food, we advise you to contact kangu GmbH by phone to find out about current allergens before placing an order. kangu GmbH guarantees the compliance of any cold and warm chain.
  2. kangu GmbH presents all information in a way that clarifies to the customer what his rights and obligations are after he has accepted the offer.
  3. The prices and conditions listed in the online store at the time of the customer’s order are binding for kangu GmbH.
  4. However, kangu GmbH has the right to withdraw from the contract in case of typing, printing or calculation errors.
  5. kangu GmbH reserves the right to change photos and product descriptions on the internet store at any time. The product photos are not binding for kangu GmbH. The delivered product can deviate from the photos when viewed externally. As long as the product is equivalent, this is no reason for the customer not to accept the goods.
  6. The customer is obliged to accept the order, even if the delivery is very late, in cases of force majeure, or unforeseeable events that may prevent the delivery, or shipment: Traffic jams, demonstrations, strikes, environmental disasters, catastrophes and the like.
  7. If the customer provides wrong or incomplete information when placing the order, kangu GmbH is not liable for faulty or delayed delivery.
  8. If kangu GmbH cannot execute an order because a product is not available, the company will inform the customer immediately about the unavailability.
  9. Payment for goods is accepted in Swiss Francs only. Payments by check or other currencies are not possible.
  10. The customer shall check the goods for completeness and intactness upon handover, otherwise the delivery shall be deemed to have been accepted without complaint. Complaints about the delivery must be made directly to the kangu employee after the arrival of the goods at the place of destination. Delayed acceptance of the goods for which the customer is responsible only entitles the customer to such complaints, which demonstrably did not arise due to the delayed acceptance. In all other cases, the right to complain is excluded. Foodstuffs are excluded from the right of exchange and cannot be returned.
  11. By acceptance of the goods by the customer, the risk of loss, damage, diminution and deterioration, including liability towards third parties, shall pass to the customer.
  12. As far as legally permissible, the obligation of kangu GmbH to pay damages, regardless of the legal reason, is limited to the invoice value of the delivery and service directly involved in the event causing the damage. This does not apply insofar as the company has unlimited liability according to mandatory legal regulations due to intent or gross negligence.

5. The contract

  1. The contract is valid from the moment the customer places the order by accepting the GTC’s during the order process on the platform and successfully completes the payment. As soon as the order is confirmed by kangu GmbH via email, it is binding for both parties. It can only be cancelled free of charge to a limited extent. The customer has to pay the purchase price even if he does not want to receive the goods anymore.  The customer can increase the ordered quantities, but supplementary orders can be accepted or rejected.
  2. After receiving the order kangu GmbH will confirm the order to the customer electronically.
  3. The contract can only be executed by kangu GmbH if the customer provides correct and complete contact and address information when placing the order. The customer is obligated to immediately report any inaccuracies in the payment information that has been transmitted or passed on to kangu GmbH.
  4. The customer must be available to kangu GmbH by phone or email as indicated in the order.
  5. The customer should be personally present at the delivery address indicated by the customer to receive the delivery of the order and to be able to instruct the employees of kangu GmbH.
  6. The law prohibits the sale of wine, beer and cider to under 16 year olds and the sale of spirits, aperitifs and alcopops to under 18 year olds. When ordering, the customer assures that the minimum age of 18 years has been exceeded. The kangu GmbH reserves the right to ask for an identity card of the customer at the time of delivery.
  7. When delivering the order, kangu GmbH may ask for identification if the order contains alcoholic products or other products with an age limit. If the customer cannot provide adequate identification or does not meet the minimum age requirements, kangu GmbH can refuse to deliver the respective products to the customer. In this case, cancellation fees may be charged.
  8. After placing the order, the customer may decide at his own discretion to tip a kangu employee via the available online payment methods.
  9. The tip is intended for kangu employees and cannot be considered as payment for services provided by kangu GmbH. kangu GmbH acts only as a trustee and remitter of the tip amounts.
  10. Once the customer has received a confirmation of the placement of the tip, the tip cannot be refunded or returned.

6. Personnel rental

If you order personnel for your event via kangu GmbH, the following additional points apply:

  1. The personnel will be hired out by tempSTAFF AG, which has the appropriate license for personnel hire.
  2. The kangu GmbH as well as the tempSTAFF AG are not liable for the result of the service rendered by the hired personnel or any damages caused by the personnel. This does not apply to damages caused by the hired personnel due to gross negligence or intent. It is the responsibility of the company/borrower to take out the necessary insurances to cover the various risks (liability for auxiliary personnel according to Art. 101 OR).
  3. For assignments of 5 hours or more, employees are entitled to a 30-minute break, which can be deducted from the working time by the customer. For assignments of 10 hours or more, a 60-minute break may be deducted.
  4. The company providing the service is obliged to provide the employees with meals if the service lasts longer than 6 hours.
  5. The company providing the service has the right to instruct and control the employees provided with regard to the performance of the work. Special attention is paid to the legal provisions on occupational safety and health protection.
  6. Due to the federal law on protection against passive smoking, which came into force on May 1, 2010, the company providing the services is requested to inform kangu in good time if the employees have to work in rooms where smoking is permitted.

7. Termination of the contract and cancellation of the order

  1. In view of the perishable nature of the offer, an order can only be cancelled free of charge to a limited extent. After a successful order, 10% of the total amount will be due on the 10th day before the start of the event, should the order be cancelled. Further apply:
  2. Up to 5 days before the start of the event: 30 % of the order value
  3. Up to 72 hours before the start of the event: 75 % of the order value
  4. Thereafter, the order must be paid 100 % even in case of cancellation. In case of cancellation, please contact us by e-mail.
  5. The kangu GmbH is entitled to cancel the order, e.g. if the offer is no longer available, if the customer has given a wrong or not working phone number or other wrong contact information or in case of force majeure. Due to the current Corona pandemic, kangu GmbH reserves the right to cancel orders even at short notice, in accordance with federal requirements.
  6. If the customer places a false order (e.g. by providing false contact information, by not paying, or by not being present at the delivery or pick-up location to receive the order) or otherwise fails to fulfill his obligations under the contract, kangu GmbH is entitled to refuse future orders from that customer.
  7. kangu GmbH is entitled to reject orders and to dissolve contracts if there are reasonable doubts regarding the correctness or authenticity of the order or the contact information. If the customer places orders that are proven to be false or fraudulent, kangu GmbH is entitled to file a complaint with the police.

8. Payment

  1. Complaints of the customer about the offer, the order or the fulfillment of the contract must be submitted to kangu GmbH immediately.
  2. An additional service fee for services of kangu GmbH in connection with order processing and customer care services is not included in the product price and will be added to the total price. This is the case, for example, if a customer requests a site visit prior to an event. The hourly rate of a kangu employee for such extraordinary tasks is CHF 150.00 per hour excluding VAT.
  3. In accordance with the provisions of Article 7 of these General Terms and Conditions, the (partial) refund of an online payment is only possible if the order cannot be delivered (in full). The refund will always be made to the account from which the payment was made. Depending on the payment method used by the customer, the processing of the refund will take a maximum of 10 business days.
  4. The Food Partner has authorized kangu GmbH to accept the Customer’s online payment on behalf of the Food Partner.
  5. Purchase on invoice with installment facility (POWERPAY): MF Group / POWERPAY offers the payment method “Purchase on invoice” as an external payment service provider. With the single invoice you can easily pay your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order summary in the following month. When the purchase contract is concluded, POWERPAY takes over the invoice claim that has arisen and handles the corresponding payment modalities. When purchasing on account, you accept in addition to our terms and conditions, the terms and conditions of MF Group / Powerpay (powerpay.ch/en/agb). You will receive the invoice free of charge by e-mail, provided that you have a valid e-mail address.

9. Settlement of complaints

  1. Customer complaints due to the offer, order or execution of the contract are reported to kangu GmbH.
  2. If the customer has a complaint regarding the service of kangu GmbH., this complaint must be reported by means of the contact form, by e-mail or by normal mail, to the contact address indicated in Article 2 of these General Terms and Conditions for Customers.
  3. Once kangu GmbH has received the complaint, kangu will respond as soon as possible with an acknowledgement of receipt. kangu GmbH will endeavor to process the complaint as soon as possible.
  4. Complaints must be reported to kangu GmbH within a reasonable time after the customer has noticed the defects and must be described completely and clearly.
  5. Inspection and correction of stored personal data
  6. kangu GmbH processes personal data related to the customer. The processing of personal data is subject to the provisions of the Privacy Policy. The customer can have his data deleted at any time. For this purpose he only has to send a corresponding message to kangu GmbH.

10. Inspection and correction of the stored personal data

  1. kangu GmbH processes personal data related to the customer. The processing of personal data is subject to the provisions of the Privacy Policy. The customer can have his data deleted at any time. For this purpose he only has to send a corresponding message to kangu GmbH.