Terms and Conditions

Client: any user who places a food order on the platform for an event.

Event Client: any user who purchases an event package on Abanero to have food trucks at their event (event organizer).

Food Truck Owner: any provider listed on the platform who offers menu items and fulfils orders.

Order: any food order placed by a Client through the platform.

Event: the subject of the contract between the Event Client and Mobile-food Sàrl, namely the provision of the platform and slots for food trucks at a specified date and location.

Service: all offerings provided by each food truck owner (menu items, preparation, delivery to pickup point).

Voucher: promotional code issued by Mobile-food Sàrl or a partner, entitling the holder to a discount on an order, subject to validity conditions.

When you place an order through Abanero, you agree to provide accurate information and to pay for your orders in full. You are responsible for picking up your order within the designated timeframe. Orders are subject to availability and may be modified or cancelled by the food truck or event organizer under certain circumstances.

You must be at least 18 years old or have parental consent to use our payment services. You are responsible for maintaining the confidentiality of your account credentials.

Online payment is reserved for payment methods of which you are the holder or which you are authorised to use. Mobile-food Sàrl is not responsible for fraudulent transactions. In case of fraud, the platform will cooperate with the payment provider and authorities as required by law.

Guest checkout is provided for convenience. The Client is responsible for the accuracy of contact information provided. Mobile-food Sàrl is not liable for orders placed with false or misleading information. Fraudulent or abusive orders may result in account or IP blocking.

Food truck owners using Abanero must comply with all applicable laws, regulations, and permits required to operate their business. You are responsible for the accuracy of your menu, prices, availability, and allergen information. You agree to fulfill orders in a timely manner and to communicate clearly with customers regarding order status and pickup.

You retain ownership of your business and content. By using our platform, you grant Mobile-food Sàrl a worldwide, non-exclusive, royalty-free license to use your content (including menu item photographs) on the platform and for advertising, including social media, email, printed materials, and in-app promotions. Mobile-food Sàrl may sub-license such content to advertising partners for promotional use.

You warrant that you have the right to use all content (images, text, logos) that you upload to the platform. Mobile-food Sàrl is not responsible for any infringement of third-party rights by user-uploaded content. The Food Truck Owner indemnifies Mobile-food Sàrl against any claim arising from such content. Mobile-food Sàrl reserves the right to remove any content at its sole discretion without notice.

Menu item photographs must depict the actual food offered and may not be AI-generated or artificially created. Photos must not contain violence, nudity, offensive symbols, or unappetizing or unhygienic content. Mobile-food Sàrl reserves the right to remove any photograph that does not comply with these requirements or that it deems inappropriate for the platform.

Event clients who use Abanero to organize events with food trucks are responsible for coordinating with owners and ensuring proper event setup. You agree to provide accurate event information and to communicate any changes to participants in a timely manner.

You are responsible for ensuring that your events comply with local regulations and that all participating food trucks have the necessary permits to operate.

When you configure an event to accept payment at the truck (cash or card terminal), you assume the risk of no-shows, non-payment, and disputes arising from such transactions. Mobile-food Sàrl is not responsible for losses resulting from customers who do not show up or do not pay at the food truck. The platform does not guarantee collection of amounts due for orders paid at the truck.

Event package purchase grants access to the platform and invitation tools. Mobile-food Sàrl does not guarantee that any Food Truck Owner will accept an invitation or participate in the event. The Event Client is responsible for securing participation. No refund is due if no trucks accept. Invitations sent to trucks not yet on the platform do not guarantee their participation.

The Event Client is responsible for verifying all event details (date, time, location) before completing the purchase. Changes may be possible subject to platform availability; no refund is due for data entry errors.

The Event Client is responsible for ensuring that the event complies with the laws and regulations of the jurisdiction where it takes place, including permits, tax obligations, and food safety requirements. Mobile-food Sàrl does not provide legal or regulatory advice.

Event planners are responsible for the accuracy of bank details provided for payouts. Mobile-food Sàrl is not liable for payouts sent to incorrect or outdated account details. The platform will use reasonable efforts to recover misdirected funds but has no obligation to do so. Payouts to organisers are processed manually and may be subject to delay; Mobile-food Sàrl does not guarantee a specific timeline.

Payments are processed securely through our payment provider. By placing an order, you authorize us to charge your payment method for the total amount. Prices are displayed in the local currency and include applicable taxes unless otherwise stated.

Order refunds are handled in accordance with our cancellation policy. If you believe you have been charged incorrectly, please contact us within 14 days of the transaction.

In the event of a technical failure between payment capture and order confirmation, Mobile-food Sàrl will, upon verification of payment with the payment provider, either confirm the order or refund the amount within 14 business days. The platform is not liable for delays caused by the payment provider.

Refunds are processed via our payment provider. In the event of a refund processing failure, Mobile-food Sàrl will use reasonable efforts to complete the refund. The platform is not liable for delays or failures attributable to the payment provider.

Chargebacks and payment disputes are handled by the payment provider. Mobile-food Sàrl is not liable for chargebacks initiated by Clients. Food Truck Owners accept that chargebacks may occur and that the platform has no obligation to reimburse them for chargeback-related losses.

Orders are subject to availability. If an item becomes unavailable between cart and payment, the platform will refund the amount paid. Mobile-food Sàrl is not liable for any inconvenience resulting from stock unavailability at the time of payment.

For events where guests do not pay (organizer covers costs), the Event Client is responsible for all orders placed. The platform does not verify or enforce any agreement between the Event Client and Food Truck Owners regarding cost allocation.

The Event Client pays the event package in full upfront. In case of event cancellation, for whatever reason (including force majeure, change of plans, or low attendance), no refund will be made. Amounts paid remain with Mobile-food Sàrl.

If a voucher used for an event package purchase is found to have been used fraudulently or in error, Mobile-food Sàrl may revoke the associated event package and require payment of the full amount.

Vouchers are valid only during the period and under the conditions specified at the time of issue. An expired voucher or one that has reached its maximum usage cannot be applied. Validity is determined at the time of payment. Vouchers are not redeemable for cash and cannot be exchanged for their monetary value. Mobile-food Sàrl reserves the right to modify or cancel a voucher in case of abuse.

Abuse includes, but is not limited to: sharing codes in violation of voucher terms, using multiple accounts to circumvent usage limits, reselling or bartering vouchers, or any use that Mobile-food Sàrl reasonably determines to be fraudulent or abusive. In case of abuse, Mobile-food Sàrl may cancel the voucher, reverse discounts, and suspend or terminate the relevant accounts. Vouchers are subject to availability; the platform does not guarantee that a voucher will apply at the time of payment.

Abanero acts as a platform connecting clients, food truck owners and event clients. Mobile-food Sàrl provides no warranty or guarantee regarding the performance of services by food truck owners. In case of non-appearance or any problem related to services, liability rests solely with the relevant food truck owner.

Food preparation, storage, and handling are the sole responsibility of the Food Truck Owner. Mobile-food Sàrl does not prepare, handle, or deliver food. Any claim arising from food quality, safety, or contamination must be directed to the Food Truck Owner. The platform is not liable for any illness, injury, or damage resulting from food consumed from orders placed through the platform.

Allergen and ingredient information is provided by Food Truck Owners. Mobile-food Sàrl does not verify the accuracy of such information. Customers with allergies must contact the Food Truck Owner directly and assume full responsibility for their choices. The platform is not liable for any illness or injury resulting from inaccurate or incomplete allergen information.

For cash and card-at-truck payments, the Food Truck Owner is solely responsible for verifying payment and handover. Mobile-food Sàrl has no visibility into or liability for such transactions.

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our platform. Our total liability shall not exceed the amount you paid for the relevant order or service in the past 12 months.

In the event of a data breach affecting personal data, Mobile-food Sàrl will notify affected users and the relevant supervisory authority as required by applicable law. Liability for data breaches is limited to the extent permitted by law.

Mobile-food Sàrl cannot be held responsible for any failure or delay in the performance of its obligations due to force majeure. Force majeure includes any unforeseeable event beyond the control of the parties, such as an epidemic, natural disaster, strike, war, widespread telecommunications or internet failure, platform technical outage, third-party service failure, cyberattack, or any similar event.

Mobile-food Sàrl will use reasonable efforts to restore service but is not liable for any loss of revenue, orders, or opportunity during an outage. No refund or credit is due for platform unavailability during an event.

These terms are governed by the laws of Switzerland. We reserve the right to modify these terms at any time. Continued use of the platform after changes constitutes acceptance of the new terms. We may suspend or terminate your account if you violate these terms. Any contractual modification may be made by a simple exchange of emails, without the need for handwritten signature.

Mobile-food Sàrl reserves the right to suspend or terminate any account at any time, with or without notice, for violation of these terms, fraud, abuse, or for any other reason at its sole discretion. Suspension or termination does not entitle the user to a refund of any amounts paid. Users created by platform administrators are deemed to have accepted these terms upon first use of the platform.

Users may not use the platform to post content that is illegal, defamatory, discriminatory, or otherwise harmful. Mobile-food Sàrl reserves the right to remove such content and suspend or terminate accounts. Users are solely responsible for their content.

The platform and its applications are provided "as is." Mobile-food Sàrl does not warrant that the platform or any application is error-free or uninterrupted. Mobile applications are provided through third-party stores; their availability is subject to store policies. Mobile-food Sàrl is not liable for app removal or store policy changes.

The platform sends notifications by email. Mobile-food Sàrl is not responsible for non-delivery due to email provider issues, spam filters, or invalid addresses. Real-time notifications are provided for convenience; the platform does not guarantee their delivery.

15. Governing Law and Jurisdiction

Any dispute relating to the application or interpretation of these terms shall be submitted exclusively to the jurisdiction of the Tribunal régional du Littoral et du Val-de-Travers, located in Neuchâtel, Switzerland.