Orange Octopus GmbH
Effective Date: 18.03.2026
These Terms and Conditions apply to all use of the website www.pizzaorangeoctopus.com and all orders placed through the Orange Octopus online shop. The website is operated by Orange Octopus GmbH, Am Gassl 1b, 82205 Gilching, Germany, which manages the brand, the online platform, customer accounts, data administration, and the technical systems required to process orders.
Most Orange Octopus locations are independently operated by franchise or operator partners. Although the locations in Kempten and Gilching are owned by Orange Octopus GmbH, they are leased and operated independently by contracted operators who manage their businesses in their own name and at their own responsibility. Unless expressly stated during the checkout process, Orange Octopus GmbH is not the seller or preparer of the food offered on this website. The purchase and delivery contract is always concluded directly between the customer and the local store (“Store Operator”) that accepts and fulfils the order.
The website serves as an ordering interface that allows customers to browse menus, place orders, and submit online payments. Orange Octopus GmbH forwards orders to the appropriate Store Operator but does not guarantee the accuracy or completeness of information provided by stores, including product descriptions, prices, allergens, delivery areas, or availability.
Daily operations — including food preparation, driver availability, hygiene, delivery execution, customer service, and handling of complaints — are the responsibility of the Store Operator. Orange Octopus GmbH is not responsible for delays, incorrect or missing items, variations in product appearance, technical issues at store level, or any service failures caused by independent stores. All claims relating to the preparation or delivery of an order must be directed to the Store Operator.
The products displayed on the website are not a binding offer but an invitation for the customer to submit an order. By completing checkout, the customer submits a binding offer to purchase the selected items at the displayed prices.
After placing an order, the customer may receive an automatic confirmation message. This confirmation only acknowledges receipt by the system and does not constitute acceptance. A contract is formed only when the Store Operator accepts the order. Acceptance may occur explicitly or by beginning preparation or delivery.
Orange Octopus GmbH forwards orders but cannot guarantee that a store will accept an order or that technical systems will be continuously available. If an order cannot be transmitted or accepted, the customer will be informed whenever possible. No claim may be raised against Orange Octopus GmbH for the failure of a store to accept an order.
The customer is responsible for providing accurate delivery details. If delivery fails because the address is incorrect, access is not possible, or the customer does not respond, the order may be charged in full.
Prices displayed on the website are set by the Store Operators and include statutory VAT. Prices and minimum order values may vary by location.
The website supports online payment via the integrated Deliverect checkout system. Payment is processed directly to the Store Operator. Orange Octopus GmbH is not the payment recipient unless it operates that specific store.
If a store rejects or cannot fulfil a prepaid order, the Store Operator is solely responsible for issuing a refund. Refunds may take several working days depending on the payment provider.
If a driver arrives at the correct location and the customer is unavailable or unreachable, the order is considered fulfilled and is not eligible for a refund.
Delivery is performed exclusively by the Store Operator. Most stores deliver within a radius of up to 10 kilometres, although this may vary by location. Delivery times are typically between 45 and 65 minutes, but these times are estimates only.
Delays may occur due to weather, traffic, road conditions, accidents, high order volume, or other circumstances outside the operator’s control. Delivery estimates are not guaranteed.
If delivery is unsuccessful because the customer cannot be reached, provided inaccurate information, or access to the location is not possible, the Store Operator may charge the order in full.
The risk of loss transfers to the customer when the order is delivered to the provided address.
Alcoholic beverages and other age-restricted items are sold only to persons aged 18 or older. Delivery drivers and store staff are legally obliged to verify age and may request photographic identification. If proof of age cannot be provided, the store must refuse delivery of restricted items without issuing a refund for those products.
Under § 312g of the German Civil Code (BGB), there is no statutory right of withdrawal for food and beverages that are prepared fresh and intended for immediate consumption. Once the Store Operator begins preparation, cancellation is no longer possible.
A store may, at its own discretion, allow cancellation before preparation begins or in exceptional cases such as significant delays caused by the store.
Complaints regarding the quality of food, missing items, delivery delays, or other issues must be reported immediately to the Store Operator that prepared the order. The Store Operator must be given an opportunity to resolve the issue, for example by replacement or store credit.
If a complaint cannot be resolved with the Store Operator, the customer may contact Orange Octopus GmbH. Orange Octopus GmbH may assist by forwarding the complaint or reviewing the issue, but it is not responsible for compensating customers for the actions or omissions of independently operated stores.
For stores owned and operated directly by Orange Octopus GmbH, the company serves as the contractual partner and will handle complaints accordingly.
All images, videos, food photography, model photography, logos, menu designs, text content, marketing materials, and other creative media on the website are the property of Orange Octopus GmbH or its licensed creators. They may not be reproduced, altered, distributed, or used without written permission.
Franchise partners and operators may use Orange Octopus material only with explicit written approval and only for the duration of their authorised relationship with the brand.
Third-party trademarks displayed on the website remain the property of their respective owners.
For the purpose of processing orders, sending confirmations, managing customer accounts, issuing vouchers, distributing marketing communications, and enabling online payment, Orange Octopus GmbH collects and processes customer data as described in the separate Privacy Policy.
Customer data is transmitted to the Store Operator responsible for fulfilling the order. The website uses analytics and tracking technologies, including Google tools, to measure performance and optimise user experience. Full details are contained in the Privacy Policy, which forms an integral part of the website’s legal terms.
The Store Operator is solely responsible for food preparation, quality, hygiene, delivery, customer service, and refunds. Claims related to these matters must be directed to the Store Operator.
Orange Octopus GmbH is liable only for damages caused by its own intentional wrongdoing, gross negligence, or for mandatory liability under German law. The company is not liable for operational failures, technical outages beyond its control, delivery delays, incorrect orders, or any damages arising from the actions or omissions of independent operators.
Nothing in these Terms limits liability for death, injury, or fraudulent misrepresentation.
These Terms are governed by the laws of the Federal Republic of Germany. For business customers, the courts of Gilching or Kempten have jurisdiction. Consumers retain the mandatory protections granted by the laws of their country of residence under EU regulations.
If any provision of these Terms is or becomes invalid, the remaining provisions continue in full force. The version of the Terms applicable at the time of the order shall apply.