Terms of Use

General Business Terms and Conditions of iCatering Inc. and its Franchisees with its registered office at 7901 4th St N, St. Petersburg, FL 33702, dated August 1, 2024

I. Basic Provisions

  1. These general business terms and conditions (hereinafter referred to as the "terms and conditions") are issued in accordance with the laws of the State of Florida and the United States of America.
    • Franchisor:Ā iCatering Inc. with its registered office at 7901 4th St N, St. Petersburg, FL 33702. Contact details of the franchisor:
    • Franchisee:Ā Independent businesses operating under the iCatering brand in various regions, each with its own registered office and contact details provided at the point of sale or on their respective websites.
II. Designation of Sellers and Operators by Region
  1. Seller and Operator for Florida - Miami Area:
    • Company Name:Ā MiamiCatering LLC
    • Address:Ā 123 Biscayne Blvd, Miami, FL 33131
    • Contact Information:Ā miami@hotup.deliveryĀ | +1 786 8400834
  2. Seller and Operator for Florida - Orlando Area:
    • Company Name:Ā OrlandoCatering LLC
    • Address:Ā 456 Lake Eola Park, Orlando, FL 32801
    • Contact Information:Ā orlando@hotup.deliveryĀ | +1 786 8400834
  3. Seller and Operator for Florida - Tampa Area:
    • Company Name:Ā TampaCatering LLC
    • Address:Ā 789 Channelside Dr, Tampa, FL 33602
    • Contact Information:Ā tampa@hotup.deliveryĀ | +1 786 8400834
  4. Seller and Operator for Florida - Jacksonville Area:
    • Company Name:Ā JaxCatering LLC
    • Address:Ā 321 St Johns Town Center, Jacksonville, FL 32246
    • Contact Information:Ā jax@hotup.deliveryĀ | +1 786 8400834
  5. Seller and Operator for Florida - Tallahassee Area:
    • Company Name:Ā TallyCatering LLC
    • Address:Ā 654 Capital Circle SE, Tallahassee, FL 32301
    • Contact Information:Ā tally@hotup.deliveryĀ | +1 786 8400834
  6. Seller and Operator for Florida - Fort Lauderdale, Boca Raton, West Palm Beach Area:
    • Company Name:Ā SouthFloridaCatering LLC
    • Address:Ā 789 Ocean Blvd, Fort Lauderdale, FL 33304
    • Contact Information:Ā southflorida@hotup.deliveryĀ | +1 786 8400834

In case the conditions apply to all sellers (operators), they are referred to in the conditions as HotšŸ”„Up seller.

III. Order and Conclusion of Purchase Contract

  1. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (internet connection costs, phone call costs) are borne by the buyer.
  2. The buyer places an order for goods in the following ways:
    • Through their customer account if they have previously registered in the online store.
    • By filling out the order form without registration.
    • By telephone call to the HotšŸ”„Up seller's phone number provided in these terms and conditions.
    • By sending an email to the HotšŸ”„Up seller's email address provided in these terms and conditions.
  3. When placing an order, the buyer selects the goods, the number of items, the method of payment, and delivery.
  4. Before sending the order through the online store, the buyer can check and change the data entered in the order. The buyer sends the order to the HotšŸ”„Up seller by clicking the "Complete Order" button. The data entered in the order is considered correct by the HotšŸ”„Up seller. A condition for concluding the purchase contract is the completion of all required information in the order form and the buyer's confirmation that they have read these terms and conditions, which are accessible on the franchisor's website and during the order process via a hyperlink.
  5. Immediately after receiving the order, the buyer receives an order confirmation at the email address provided during the order. This confirmation is generated automatically and is not considered a contract conclusion. The confirmation also includes the HotšŸ”„Up seller's terms and conditions.
  6. The purchase contract is concluded upon the acceptance of the order by the HotšŸ”„Up seller. The acceptance notice is sent to the buyer's email address immediately after receiving the order.
  7. If the HotšŸ”„Up seller cannot fulfill any of the requirements stated in the order, they will send the buyer a new offer with proposed changes to the buyer's email address. This new offer is considered a new proposal for a purchase contract, and the contract is concluded upon acceptance of this offer by the buyer to the HotšŸ”„Up seller's email address (provided in these terms and conditions) or by phone.
  8. All orders confirmed by the HotšŸ”„Up seller are binding. The buyer may withdraw from the purchase contract without penalty until the HotšŸ”„Up seller accepts the order according to article III, paragraph 6 of these terms and conditions. The buyer must send a withdrawal notice to the HotšŸ”„Up seller in writing toĀ info@hotup.deliveryusing THIS FORM.
  9. If there is an apparent error on the HotšŸ”„Up seller's part in listing the price or quantity of goods in the online store catalog or during the ordering process, the HotšŸ”„Up seller is not obligated to deliver the goods to the buyer at the obviously incorrect price or quantity, even if the buyer has received an automatic order confirmation. The HotšŸ”„Up seller will inform the buyer of the error without delay and send a new order proposal to the buyer's email address. This proposal is considered a new purchase contract proposal, and the contract is concluded upon acceptance by the buyer to the HotšŸ”„Up seller's email address.
  10. The HotšŸ”„Up seller complies with all relevant U.S. consumer protection laws, including providing clear and accurate information about return policies, warranties, and dispute resolution mechanisms.
IV. Customer Account
  1. Based on the buyer's registration in the online store, the buyer can access their customer account. From the customer account, the buyer can place orders for goods. The buyer can also order goods without registration.
  2. When registering a customer account and ordering goods, the buyer must provide accurate and truthful information and update these details in case of any changes. The information provided by the buyer in the customer account and during the ordering process is considered correct by the HotšŸ”„Up seller.
  3. Access to the customer account is secured by a username and password. The buyer is obligated to maintain confidentiality regarding the information necessary to access their customer account. The franchisor and HotšŸ”„Up seller are not responsible for any misuse of the customer account by third parties.
  4. The buyer is not authorized to allow third parties to use the customer account.
  5. The HotšŸ”„Up seller may cancel the customer account, especially if the buyer has not used their customer account to purchase goods for more than 1 year or if the buyer violates their obligations arising from the purchase contract or these terms and conditions.
  6. The buyer acknowledges that the customer account may not be available continuously, especially due to necessary maintenance of hardware and software equipment that ensures the HotšŸ”„Up seller's system operation. In case of temporary unavailability of the customer account, the buyer agrees to communicate with the HotšŸ”„Up seller via phone or email provided in these terms and conditions.
V. Payment Terms and Delivery of Goods
  1. The price of goods and any costs associated with the delivery of goods according to the purchase contract can be paid by the buyer in the following ways:
    • Cashless transfer to the HotšŸ”„Up seller's bank account.
    • Cashless by payment card.
    • Cashless transfer to the HotšŸ”„Up seller's account via the payment gateway.
    • Cash on delivery in cash upon delivery of goods.
    • In cash or by payment card upon personal collection at the HotšŸ”„Up seller's premises.
  2. Together with the purchase price, the buyer is obligated to pay the HotšŸ”„Up seller the costs associated with packaging and delivering the goods in the agreed amount. Unless otherwise stated, the purchase price includes the costs associated with the delivery of goods.
  3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 1 calendar day of concluding the purchase contract but always before receiving the goods by the buyer.
  4. In the case of payment via the payment gateway, the buyer follows the instructions of the respective electronic payment provider.
  5. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled when the respective amount is credited to the HotšŸ”„Up seller's bank account.
  6. The payment of the purchase price before the dispatch of the goods is not a deposit. However, the HotšŸ”„Up seller may require a deposit payment.
  7. The HotšŸ”„Up seller is obliged to issue a receipt to the buyer. Simultaneously, the HotšŸ”„Up seller is obliged to register the received revenue with the tax administrator online, and in the event of a technical outage, no later than 48 hours.
  8. Goods are delivered to the buyer:
    • To the address specified by the buyer in the order, or
    • Through the pick-up point to the address specified by the buyer, or
    • By personal collection at the HotšŸ”„Up seller's premises.
  9. The choice of delivery method is made during the ordering process.
  10. Delivery costs depending on the method of sending and receiving the goods are specified in the buyer's order and in the HotšŸ”„Up seller's order confirmation. If the delivery method is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this delivery method. The delivery price listed on the websiteĀ www.HotUp.deliveryĀ applies to orders with a purchase price of up to USD 1,000 including VAT. In other cases, the buyer will be informed of the delivery price by the HotšŸ”„Up seller without delay.
  11. If the HotšŸ”„Up seller is obliged to deliver the goods to the place specified by the buyer in the order according to the purchase contract, the buyer is obliged to take over the goods upon delivery at the agreed time. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different manner than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery or costs associated with a different delivery method.
  12. The buyer agrees that the delivery time of the goods by the HotšŸ”„Up seller may differ by a maximum of 1.5 hours from the stated delivery time. If the delivery time difference does not exceed this range, the buyer has no right to claim any compensation, discount, or damages from the HotšŸ”„Up seller.
  13. The HotšŸ”„Up seller issues a tax document ā€“ an invoice to the buyer. The tax document is sent to the buyer's email address.
  14. The buyer acquires ownership of the goods by paying the entire purchase price for the goods, including delivery costs, but not before taking over the goods. The risk of accidental destruction, damage, or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but did not do so in violation of the purchase contract.
  15. The HotšŸ”„Up seller is entitled to require the payment of the entire purchase price and other costs before sending the goods to the buyer.
  16. If the buyer who previously did not take over the delivered goods without a serious reason orders goods again, the HotšŸ”„Up seller reserves the right to require that the purchase price of the ordered goods be paid in advance.
  17. If the buyer requests the delivery of goods to a specified place, the buyer is obliged to take over the goods upon delivery. In case of non-acceptance of the goods, refusal to accept the goods, or return of the goods by the buyer without a serious reason consisting of a defect in the goods, the HotšŸ”„Up seller is entitled to the payment of the purchase price of the goods and the delivery costs.
  18. The order is binding for the buyer from the moment it is sent to the HotšŸ”„Up seller through the web interface and/or by making a telephone or email order. After sending the order, the buyer can change the delivery time, delivery address, and increase the quantity of ordered goods, always no later than 1 day before the required delivery. The buyer cannot subsequently reduce the quantity of ordered goods.
VI. Rights from Defective Performance and Withdrawal from the Contract
  1. The HotšŸ”„Up seller guarantees that the goods will have the required quality, quantity, size, and weight. The goods will be delivered without defects and will comply with generally applicable standards.
  2. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant legal regulations.
  3. The buyer is obliged to inspect the goods upon delivery and immediately report any defects to the HotšŸ”„Up seller in the manner specified below. The buyer must prove the detected defects.
  4. If the goods show such defects upon delivery that they cannot be consumed, the buyer returns the goods immediately to the person who delivered them, and a complaint protocol is drawn up regarding this fact.
  5. If the goods are found to be in an unsatisfactory condition at the time of delivery and the buyer wishes to exercise the rights from defective performance, they must return the goods immediately to the person who delivered them, and a complaint protocol is drawn up regarding this fact.
  6. If the buyer does not report obvious defects in the goods upon receipt, they lose the rights from defective performance.
  7. If the goods do not correspond to the order in terms of quantity or type upon receipt by the buyer, the buyer must notify this fact immediately upon delivery, and if they do so, they are entitled to demand the delivery of the missing goods or a discount from the purchase price corresponding to the value of the undelivered goods. If the buyer decides to accept a different type of goods than ordered, they lose the rights according to the previous sentence.
  8. The buyer does not have the right to withdraw from the contract because the goods delivered are perishable. No warranty is provided for the goods due to their nature.
  9. Upon the buyer's request, the HotšŸ”„Up seller will issue a written confirmation of the obligations from defective performance to the extent specified by the relevant legal regulations.
  10. The buyer can exercise the right from defects in the goods that were not detectable with usual care upon receipt of the goods by sending an email to:Ā info@hotup.deliveryĀ and/or in person at the HotšŸ”„Up seller's premises. The buyer must provide documentation proving that the goods were delivered by the HotšŸ”„Up seller with defects (e.g., but not limited to, photographic documentation). In the case of exercising this right, the buyer must immediately return the goods at their expense to the HotšŸ”„Up seller. The complaint will be decided without undue delay, in complex cases within three (3) working days. This period does not include the time necessary for the expert assessment of the defect in the goods.
  11. The HotšŸ”„Up seller will issue a written confirmation to the buyer regarding when the buyer exercised the right from defective performance, what the content of the complaint is, what method of complaint resolution the buyer requests, and further confirmation of the date and method of complaint resolution or a written justification for the rejection of the complaint.

VII. Other

  1. The HotšŸ”„Up seller is not liable for any damage or any other consequences incurred by the buyer based on or in connection with the buyer's conduct or circumstances on the buyer's side.
  2. The buyer agrees that the HotšŸ”„Up seller is not responsible for the smooth, uninterrupted, error-free, and secure operation of the website. The HotšŸ”„Up seller is not responsible for errors caused by third-party interventions on the website or due to their use contrary to their intended purpose.
  3. The availability of goods advertised on the websiteĀ www.HotUp.deliveryĀ is subject to stock availability and the HotšŸ”„Up seller's production capacity, and the HotšŸ”„Up seller does not guarantee the availability of goods. If it is not possible to confirm the order for any reason on the part of the HotšŸ”„Up seller, the buyer will be informed by email sent to the buyer's email address or by phone.
  4. The HotšŸ”„Up seller bears exclusive responsibility for the quality of the produced goods and the delivery of orders they prepare.

VIII. Communication

  1. Communication between the HotšŸ”„Up seller and the buyer will take place mainly via email to the HotšŸ”„Up seller's email address provided in these terms and conditions and the email address provided by the buyer when placing the order or listed in their customer account.
  2. If delivery according to paragraph 1 of this article is not possible, communication between the HotšŸ”„Up seller and the buyer will take place by registered letters sent through the postal service to the address of the HotšŸ”„Up seller's registered office and the address provided by the buyer when placing the order or listed in their customer account. A written communication is considered delivered upon personal delivery (a) on the date of actual receipt recorded by the postal service provider, or (b) on the date of the futile expiration of the pick-up period at the post office based on a proper notification to the recipient, or (c) on the date marked by the postal service provider as the date when the recipient refused to accept the delivery.
  3. Telephone communication is allowed.
IX. Personal Data
  1. The protection and processing of personal data by the franchisor and HotšŸ”„Up sellers are governed by the Information on Processing and Protection of Personal Data available HERE.
  2. The HotšŸ”„Up seller complies with all relevant data protection regulations, including but not limited to the California Consumer Privacy Act (CCPA) where applicable. The privacy policy, detailing the collection, use, and protection of personal data, can be accessedĀ HERE.
X. Out-of-Court Dispute Resolution
  1. For out-of-court resolution of consumer disputes from the purchase contract, the competent authority is the Florida Department of Agriculture and Consumer Services (FDACS). Consumers can contact FDACS at the following address and website for dispute resolution:
    • Address: 407 S. Calhoun St., Tallahassee, FL 32399-0800
    • Website:Ā www.fdacs.gov
  2. The HotšŸ”„Up seller is authorized to sell goods based on a trade license. Trade control is carried out within the scope of its authority by the relevant trade office.
XI. Final Provisions
  1. All agreements between the HotšŸ”„Up seller and the buyer are governed by the laws of the State of Florida. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by Florida law. This does not affect consumer rights arising from generally binding legal regulations. Jurisdiction of Florida courts is agreed upon for disputes arising from mutual relations.
  2. The franchisor is not bound by any codes of conduct in relation to the buyer.
  3. All rights to the franchisor's website, especially copyright to content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the franchisor. It is forbidden to copy, modify, or otherwise use the website or its part without the franchisor's consent.
  4. The HotšŸ”„Up seller is not responsible for any damages arising from the use of services, the use of information, or downloading data published on the website, i.e., errors, omissions, interruptions, faults, delays, computer viruses, loss of profit, or loss of data of the buyer or any third party using the website, unauthorized access to transmissions and data of these persons, changes to such data, as well as other tangible and intangible losses.
  5. The HotšŸ”„Up seller reserves the right to limit or terminate access to the website for the buyer or any third party at any time.
  6. The buyer assumes the risk of a change in circumstances.
  7. The buyer agrees that telephone calls with the HotšŸ”„Up seller may be monitored and recorded for the purpose of improving services. The buyer agrees to receive marketing communications, SMS, and phone calls from the HotšŸ”„Up seller.
  8. The order is archived by the HotšŸ”„Up seller and access to it will be granted to the consumer upon request.
  9. The wording of the terms and conditions may be changed or supplemented by the HotšŸ”„Up seller. This provision does not affect the rights and obligations arising during the period of validity of the previous wording of the terms and conditions.
  10. Accessibility Compliance: The HotšŸ”„Up seller ensures that the terms and the website comply with the Americans with Disabilities Act (ADA) regarding accessibility. For assistance or to report an accessibility issue, please contact us atĀ info@hotup.delivery.
  11. E-commerce Specifics: The HotšŸ”„Up seller clarifies terms regarding digital goods, subscriptions, and any recurring billing practices. The HotšŸ”„Up seller adheres to the Federal Trade Commission (FTC) guidelines on advertising and marketing. All prices, promotions, and offers are accurately represented and comply with applicable laws.
  12. User Conduct: The buyer is expected to adhere to a code of conduct, including prohibited activities, user-generated content policies, and consequences for violations.
  13. Franchise Disclosure: Franchisees are independently owned and operated under the brand HotšŸ”„Up. All franchise-related disclosures comply with the Federal Trade Commission's Franchise Rule and Florida's specific franchise regulations.

These terms and conditions come into effect on August 1, 2024.

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