General Terms & Conditions (AGB)

Last updated: 1 June 2025

1. Scope of Application

These General Terms and Conditions (“Terms”) govern the use of the online marketplace operated by SouqGo GmbH, Musterstraße 1, 10115 Berlin, Germany (“SouqGo”, “we”, “us”). They apply to all contractual relationships concluded via the SouqGo platform between customers and vendors (“stores”) for the purchase of groceries and food products.

By completing a purchase you expressly agree to these Terms. Conflicting or deviating terms and conditions of vendors are not accepted unless SouqGo explicitly agrees in writing.

2. Registration and User Account

Using the SouqGo marketplace requires creating a personal account. You must be at least 18 years of age. You are responsible for the completeness and accuracy of the information you provide and for keeping your login credentials confidential. SouqGo reserves the right to terminate accounts that violate these Terms.

You may not create more than one account without our prior written consent. Commercial use of a customer account for resale is not permitted.

3. The Marketplace Role of SouqGo

SouqGo operates as an intermediary marketplace. Purchase contracts for groceries are concluded exclusively between the customer and the respective vendor. SouqGo is not a party to these purchase contracts and does not act as the vendor.

SouqGo facilitates the ordering and payment process, but assumes no liability for the quality, freshness, origin, or conformity of goods supplied by vendors.

4. Order Process and Formation of Contract

Products displayed in a vendor's storefront constitute an invitation to make an offer (invitatio ad offerendum), not a binding offer. By clicking the “Place order” button you submit a binding purchase offer to the vendor.

A purchase contract is formed when the vendor explicitly accepts the order (“Confirmed” status). You will receive an email confirmation at that point. Until confirmation, the vendor may reject the order (e.g. due to stock unavailability), in which case any payment hold will be released without charge.

Pursuant to §312j BGB the order button is labelled “Place order”, which clearly identifies the payment obligation. By clicking it you acknowledge that the order entails a payment obligation.

5. Prices, VAT and Payment

All prices displayed on the platform are gross prices including German VATat the applicable rate (currently 7% for most food products, 19% for other goods). The applicable VAT is itemised on the order confirmation.

Payment is processed securely via Stripe. We accept the payment methods displayed at checkout. For card payments, SouqGo places a hold on the authorised amount when you submit the order. The hold is captured (charge finalised) only when the vendor confirms the order. If the order is rejected, the hold is released automatically with no charge within 3–7 banking days depending on your card issuer.

Cash-on-delivery payments are settled directly with the delivery driver at the time of delivery.

6. Delivery and Fulfilment

Delivery is performed by the vendor or their delivery service within the postal code zones defined in each vendor's store. Delivery fees and estimated times are shown before checkout. SouqGo is not responsible for delays caused by the vendor, weather, or events outside our control.

You can also select “Pick up in store” where offered. For pickup orders you must collect goods within the time window agreed at checkout.

7. Cancellation by the Customer

You may cancel your order via your account as long as the order status is “Pending” (i.e. before the vendor has confirmed it). Once confirmed, you may still cancel before the vendor begins preparing the order. After preparation has started, cancellation is at the vendor's discretion.

The statutory right of withdrawal for perishable food is excluded pursuant to §312g Abs. 2 Nr. 2 BGB. See our separate Right of Withdrawal page for details and any exceptions.

8. Liability

SouqGo is liable for damages arising from gross negligence or wilful misconduct, as well as for damages arising from injury to life, body or health. Liability for simple negligence is excluded except where it involves the breach of a material contractual obligation (cardinal obligation), in which case liability is limited to foreseeable typical damages.

Liability under the Product Liability Act (Produkthaftungsgesetz) remains unaffected. As an intermediary, SouqGo accepts no liability for product defects attributable to the vendor.

9. Data Protection

The collection and processing of personal data is governed by our Privacy Policy, which forms part of these Terms.

10. Changes to these Terms

SouqGo may update these Terms from time to time to reflect changes in law or our services. We will notify you by email at least 30 days before changes take effect. Continued use of the platform after the notice period constitutes acceptance of the revised Terms.

11. Governing Law and Jurisdiction

German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, mandatory consumer-protection provisions of the country of habitual residence remain unaffected.

For disputes with merchants (Kaufleute), legal entities of public law, or public special-purpose funds, Berlin is agreed as the exclusive place of jurisdiction.

12. Dispute Resolution

The EU Commission provides an online dispute resolution (ODR) platform at https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

Our support is reachable at support@souqgo.de.

13. Severability

Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that most closely achieves the intended economic purpose.