Pick App hereby makes available to users (hereinafter, the “User” or “Users”) the Pick App website and mobile applications (hereinafter, jointly, the “Platform”).
In accordance with the provisions of the applicable legislation, the following identification details of the site owner are provided below:
Sammevei AS is a technology company whose main activity is the development and management of a technology platform through which certain local stores in a number of territories can offer or include their products and/or services by means of a mobile or web application on the Pick App platform (hereinafter, the “APP”) and, in an ancillary manner, where applicable and if so requested through the APP by users of the APP and consumers of the said local stores, act as an intermediary in the immediate delivery of the products.
Pick App has thus developed a Platform through which a variety of merchants, with which Pick App may have in place a commercial agreement for the use of the platform, offer and/or may include a selection of products and services. Customers can request the purchase and/or collection of products and services from such merchants in person by means of a mandate given by them to a third party when placing an order through the Platform. In such cases, Pick App acts as a mere intermediary and is therefore unable to assume, and does not assume, any responsibility for the quality of the products or for the proper provision of the services offered directly by the merchants or by such third parties.
In addition, Pick App is a platform for intermediation in the contracting of “on demand” services by distance electronic means. Its aim is to make it easier for any persons requiring help with their errands, purchases in person and/or collection of products from local merchants (hereinafter, “Customers”) to carry out their errands by delegating to such third parties, who are willing to voluntarily carry out the mandate given to them by Customers (hereinafter, the “Mandataries”).
Mandataries are thus a network of self-employed professionals who work with Pick App. When they wish to provide their services, they log onto the Pick App Delivery Platform and undertake to carry out within a certain amount of time the service entrusted to them by the Customer by means of the above-mentioned mandate. As a result, Pick App cannot be responsible for delivery times, as they will depend on the local stores’ own successful operations, the preparation of orders, the Mandataries themselves, and the information furnished by users when placing orders or their availability and response at the time of delivery. In relation to this, the delivery times stated on the Website are provided for indicative purposes only.
In order to be a Customer of the Platform, it is essential that you meet the following requirements:
The User warrants that all the information regarding his/her identity and capacity provided to Pick App in the registration forms for the Platform is true, accurate and complete. In addition, the User undertakes to keep his/her details up to date.
If a User provides any false, inaccurate or incomplete information or if Pick App considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, Pick App may deny that User current or future access to, and use of, the Platform or any of its contents and/or services.
When registering on the Platform, Users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable. In order to increase the security of accounts, Pick App recommends that users do not use the same login credentials as on other platforms. If a User uses the same login credentials as on other platforms, Pick App will be unable to guarantee the security of the account or ensure that the User is the only person logging into his/her profile.
Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details or of the services of the Site that may be made by third parties, including the statements and/or contents entered on the Platform, or for any other action carried out under their username and/or password.
The user will be the sole owner of the content entered by him/her on the Platform. Furthermore, by registering on the Platform and agreeing to these Terms and Conditions, the User grants Pick App, in relation to the content that he/she may provide, a worldwide, irrevocable, and transferable licence, free of charge, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicise and exploit it in any way that may be deemed appropriate by Pick App, with or without any further communication to the User and without having to pay any amounts for such uses.
Pick App cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users undertake to inform Pick App immediately, using the communication channels made available by Pick App, if their credentials are stolen, disclosed or lost.
3.2. Credit Card Theft or Removal
Since Pick App cannot guarantee the identity of registered Users, Users are under an obligation to inform Pick App if they have evidence that the credit card associated with their Pick App profile has been stolen and/or is being fraudulently used by a third party. Therefore, since Pick App and its payment platform are proactive in the protection of Users through the use of appropriate security measures, if a User fails to inform Pick App of the missing card, Pick App will not be liable for any fraudulent use thereof that may be made by third parties on the User’s account. Pick App suggests that Users report any theft, robbery or suspected misuse of their credit card to the police.
If necessary, Pick App undertakes to cooperate with the User and the competent authorities to provide reliable evidence of the wrongly applied charge. In the event of fraud, Pick App reserves the right to take any action that may be necessary if it has been detrimentally affected by the misuse of the site.
When a User who is registered as a Customer needs help with an errand, he/she must go to the online platform or the relevant Pick App application and request the service using the said electronic methods. The basic courier service involves the collection and subsequent delivery of a product to and from the addresses established by the Customer, provided that they are within the territory in which Pick App operates. Similarly, a Customer may ask a Mandatary to purchase products in person on his/her behalf and to collect them from, and deliver them to, the addresses specified. The Mandatary undertakes under a mandate to purchase the products ordered by the Customer on the latter’s behalf and according to his/her indications and specifications.
Customers are solely responsible for providing the correct addresses for delivery and collection on the Platform, and they therefore release Pick App and the Mandatary from any liability for negligence or error in the collection or delivery of the order as a result of the supply of incorrect addresses for collection and delivery. As a result of the foregoing, the Customer shall bear the cost arising from the provision of an incorrect address for collection and delivery on the Platform.
The Customer must provide all the information, in as much detail as possible, about the service to which the assignment relates and, if applicable, in relation to the product that he/she is asking the Mandatary to buy in a physical shop on his/her behalf. To do this, he/she may provide any comments he/she may deem useful in the “comments” section as well as, where appropriate, share a photograph with the Mandatary to identify the order. The Customer will be in constant contact with the Mandatary and may communicate with him/her at any time to ensure that he/she carries out the mandate according to the Customer’s own instructions.
In order to facilitate direct communication with the mandatary and in the event of any incidents in the processing of the order and/or in order to inform of any changes thereto, Pick App makes available to users an internal chat system allowing direct and immediate contact between the user and the mandatary while the order is being carried out. The chat session may be deactivated as soon as the user has received the product or the order is cancelled for any of the reasons envisaged. If a user wishes to contact the mandatary or Pick App after the order has been completed, he/she must use the contact form available on the Platform and contact customer service.
The Customer releases Pick App and the Mandatary from any negligence or error in the indications given by the Customer for the purchase of the product ordered for purchase in a physical store on his/her behalf. As a result of this, the Customer shall bear the cost resulting from the provision on the Platform of incorrect indications regarding the products (such as an incorrect address or product).
If the price of the product and/or service does not appear on the platform, and since the prices on the Platform are merely indicative, the Customer may set an approximate price. In such case, the service or product may be purchased by the Mandatary in person based on the Customer’s estimate and never for more than 30% above the said estimate. If the price is higher, the Mandatary shall contact the Customer to inform him/her of this situation, and it will be the latter who makes the final decision on whether or not to proceed with the purchase in person at the store. Pick App may provide an approximate price estimate, merely for the purpose of helping the User, and such estimate shall not be binding as the final price payable by the User in any event.
If the Customer is not at the place agreed for delivery, the Mandatary shall retain the product for 24 hours, or for 5 minutes in the case of perishable products. In addition, the Customer must bear 100% of the cost of the basic courier service as well as the price of the product if one has been purchased or contracted through the Mandatary at the Customer’s request, and will have to pay for another service in order to receive the products that were not delivered. The Mandatary will in no event be liable for the deterioration or expiry of the product to which the assignment related.
Once the assignment has been completed, if the request included the in-person purchase of a product, the Mandatary shall give the Customer the paper receipt for such product and/or provide it by e-mail. If the object of the assignment is the mere delivery of a product, the Mandatary shall deliver it to the Customer at the exact time and place indicated by the latter. All this without prejudice to the electronic receipt for the service that will be received by the Customer at the e-mail address associated with his/her account.
At that moment, the User, who is the recipient of the service identified by the user in the order, or any third party authorised by him/her, must ratify the mandate given by signing on the Mandatary’s device. Pick App is unable to verify the authenticity of the User’s signature. If the User receives confirmation that the order has been carried out without having ratified the mandate either personally or through a recipient authorised by him/her, he/she must inform Pick Appimmediately so that appropriate steps can be taken by the Platform. Pick App reserves the right to check any communications of this nature made by the User for corroboration and monitoring purposes.
FOOD / PACKAGED PRODUCTS: Pick App recommends that, when ordering food products under a mandate, Users ask the Mandatary and/or the restaurant or establishment offering the products, using the methods available on the Platform, for information on the content and composition of the food products ordered.
If a Customer wishes to return a product or make a claim about the provision of a service, without prejudice to Pick App’sability as intermediary to take over the handling thereof, the party with ultimate liability shall always be the merchant at which the purchase was made. If the Customer obtains a refund for the purchase price, the merchant will decide how to make the refund (cash, credit card, store voucher, etc.) regardless of whether it is Pick App who pays the refund on the local merchant’s behalf. Therefore, the return of a product purchased by the Mandatary pursuant to a mandate conferred by the Customer shall be subject to the merchant’s returns policy in any event.
As certain establishments may not have premises open to the public, Users will be unable to access them for the purpose of processing any claims or returns. In such cases, they must contact Pick App’s customer service for the necessary help and support using the channels available on the Platform.
If a User wishes to process the return of a product because it did not match the order made through the platform, he/she must provide a photograph of the total order together with a list of the incorrect or undelivered products, as well as other proof of the inadequacy of the product requested.
The Customer must check the products delivered by the Mandatary at the delivery address before signing and ratifying the mandate. By means of the said signature, the Customer confirms and ratifies the mandate, the purchase in person or the service carried out on his/her behalf. In addition, the Customer states that a third party may ratify the mandate on his/her behalf, for example if the Customer is not at the final delivery address or has designated a third party for collection and signature. The Customer (and/or the said third party) is thus responsible for checking that the service provided is adequate as well as, where applicable, for collecting enough evidence to prove that it was not.
In any event, the decision regarding whether a return is appropriate will lie with the merchant in each case. The Customer must therefore inform Pick App through the methods provided by Pick App for that purpose if a dispute arises.
Registration and use of the Platform is completely free for Customers.
The use of the Platform by Mandataries and merchants may have an associated cost to use the Platform to provide services.
The Customer only has to pay for each service requested through the Platform for his/her use thereof to order products, and to communicate through the Platform, as well as for the courier or errand services provided by third parties. In addition, for services that include the purchase of a product, the User must pay the price of such product. By registering through the Platform and providing the required bank details, Users expressly authorise Pick App to issue receipts for payment of the services requested, including the price and delivery of the products ordered.
The total price of each service may be composed of a variable percentage based on the time slot chosen for the deliveryby the Mandatary, as well as, where applicable in cases in which a User requests the physical purchase of a product or service, the price established by each merchant. Pick App reserves the right to change the price based on the time slot of the delivery, the zones traveled for the delivery and/or the time slot in which the service is performed. In accordance with these terms, the Customer will be entitled to know the approximate fee for the service before contracting it and formalising payment, unless the user has not specified the address for collection. The fee for the delivery service may vary in cases of force majeure beyond Pick App’s control that entail an increase in such fee.
The fee may include tips for the Mandatary and/or the local store, whose amount shall be solely and entirely at the User’s discretion.
Pick App reserves the right to change its prices at any time. Such changes shall take effect immediately after publication. The User expressly authorises Pick App to send him/her by electronic means, to the e-mail address provided by the User during the registration process, receipts for the services contracted and/or the bills generated. If an invoice is required, the user must enter the relevant tax data on the platform before placing the order.
If a service is cancelled by the user once the preparation of the order by the local merchant has been confirmed and the User has been informed, Pick App shall be entitled to charge the Customer the fee applicable in each case. Similarly, if the User has asked the Mandatary to purchase a product on his/her behalf and the Customer cancels the order after the purchase has been made, the latter shall bear the cost of the delivery services provided by the Mandatary as well as the price of the product. All this without prejudice to the Customer’s ability to request a new service in order to return the products purchased or to have them delivered at a different address. In the case of non-perishable products, the User may exercise his/her right of withdrawal vis-à-vis the merchant that sold him/her the products. If the User wishes to exercise this right through Pick App, he/she must request a new service.
6.1. Payment Platforms
Payment for products and/or services offered on the Platform and sold in person at stores and/or restaurants and delivered to Customers in a deferred manner is temporarily made to Pick App, who then sends it to the stores and/or restaurantswith which it has a commercial agreement in place. The stores and/or associated establishments authorise Pick App to accept payment on their behalf. Payment of the price of any product (such as food, drink, a gift, etc.) properly made to Pick App will therefore discharge the Customer’s obligation to pay the said price to the store and/or associated establishments.
Similarly, the Customer’s payment releases him/her from any obligation vis-à-vis the Mandatary, as full payment from the Customer discharges any obligation that the Customer may have vis-à-vis Partners and/or Mandataries.
Payment by Customers for products and/or services is received at Pick App’s accounts through an Electronic Money Institution. Electronic Money Institutions are authorised to provide regulated payment services in all the territories in which Pick App operates and are in compliance with the current legislation applicable to payment services for Platforms such as Pick App.
Using the payment provider contracted by it for this purpose and for the sole purpose of verifying the means of payment provided, Pick App reserves the right, as a fraud prevention measure, to request a payment pre-authorisation for the products ordered through the platform. Such pre-authorisation shall in no event involve payment of the full amount of the order, as this shall be done solely and exclusively after the products have been made available to the user or for the reasons set forth in these terms and conditions.
In order to provide Users with greater support, Pick App shall be their first point of contact and shall accept liability for payments made on the platform. Such liability includes refunds, returns, cancellations and early-stage dispute resolution and is without prejudice to any actions that may be taken by Pick App vis-à-vis local establishments as the sole physical sellers of the products ordered by Users.
In accordance with the foregoing, in the event of a dispute, Pick App shall provide the first line of support and shall reimburse the user if this is deemed appropriate.
If the User has any problem with the progress of his/her order, he/she may contact Pick App’s customer service through the methods made available to Users on the Platform.
All the prices stated on the Platform are inclusive of any taxes that may be applicable based on the territory from which the User operates and shall in any event be denominated in the currency in force in the territory from which the User operates.
In accordance with Clause 6 above, the prices applicable to each service shall be as published on the Platform, subject to the specific characteristics set forth above, and applied automatically at the last stage of the contracting process.
However, the prices of the products sold in stores and/or restaurants shown on the Pick App Platform may be indicative only. In any event, they correspond to the products sold in restaurants and/or stores, and they are set solely by them. The Customer may contact the Mandatary to confirm the final price of the products ordered.
The User assumes that, in any case, the price of some products may change in real time based on the establishment that sells them and on the available stock. The User may contact Pick App for any information about the order placed.
In accordance with the foregoing, the Customer grants the Mandatary, by means of the purchase and delivery request made through the platform, a mandate to purchase the products in person, on his/her behalf, at the price set by the merchants. The Customer may be in direct contact with the Mandatary, both when placing the order and during its delivery, to tell the Mandatary which product is being ordered.
Promotional codes and/or other offers or discounts offered on the Platform must be correctly entered in the application before placing the order. Otherwise, they will not take effect and the User will be unable to enjoy their benefits.
Pick App may at any time and unilaterally provide credits to use within the Platform or free shipping to certain users. The User acknowledges and accepts that the credits and free shipping must be used within six (6) months from the date the credit or free shipping is made available to the User on the Platform.
Whenever a cancellation is requested by Pick App in accordance with Section 9 below, the Customer shall ensure that the promotional code and/or other offer or discount is valid for future use. When the cancellation is at the User’s request, Section 9 below will apply.
Pick App reserves the right to cancel promotional codes and/or other offers or discounts offered if it becomes aware of a fraudulent use thereof (such as, among others, redeeming a promotional code when the person redeeming it is not its legitimate recipient, the mass communication of codes or the sale of codes or discounts). Furthermore, it reserves the right to apply sanctions to users for the amount for which the Company has been defrauded as a result of such use.
Pick App will accept no liability if, due to an event of force majeure or other events beyond its control or whose need is justified, it is forced to cancel, shorten, extend or amend the conditions of promotions.
In particular, Pick App will accept no liability if the website is not available at any time during promotions or for a malfunction in the automated promotion system.
In accordance with the nature of the service offered by Pick App, the User is aware that, once a Mandatary has voluntarily accepted an order, the execution of the purchase mandate is considered to have started, and the User may therefore no longer be entitled to withdraw the service request free of charge.
Without prejudice to the foregoing, cancellation fees may depend on the following factors;
If the store or establishment has already accepted the order and started preparing it, the User will be charged the price of the products. The user will be informed of the restaurant’s acceptance through the Platform and/or by e-mail at the e-mail address registered by the user.
If the user cancels the order once the Mandatary has accepted it for processing, the user will be charged the cancellation fee. The user will be informed of the Mandatary’s acceptance through the Platform.
If the restaurant or establishment and the Mandatary have accepted the order for processing, the user will be charged both the price of the products and the cancellation fee.
The User may check the total cancellation fees for each order using the Platform’s “Cancel” button. The User will be shown the charge to be applied, based on the factors described above, in advance.
In the case of certain cities, it may not be possible to view the cancellation fees directly on the Platform. In such cases, the applicable cancellation fees will be those set forth on the site.
In addition, if the Mandatary has already purchased the product ordered or contracted a service at the time of cancellation, the user may ask the Mandatary to return it. To that end, the User must pay the products’ full purchase price and delivery costs, as well as the cost of the return service. If the Mandatary has been able to return the product, its value will be refunded to the User who, as mentioned above, must pay the cost of the two collection and delivery services as well as the return service. The return shall in any event be subject to the merchant’s return policies, and the Customer therefore states that he/she is aware that, in the case of perishable products (e.g. food), the return may not be possible and Pick App will therefore be entitled to charge him/her for both the product already purchased by the Mandatary under his/her mandate and for the cost of the delivery service incurred.
If the Customer has given an incorrect delivery address for the products, he/she may enter a new address at any time provided that it is within the same city as the original order and this is a city in which Pick App provides its intermediation service. In such case, the Customer will be ordering a new service and agrees to be charged the appropriate amounts for the new delivery. If the address is in a different city from the one originally specified, this may not be modified for delivery in a new city, and the order will be cancelled, with the Customer bearing the resulting costs as provided in this clause.
Pick App reserves the right to cancel an order without having to provide a just cause. In the event of cancellation at Pick App’s instance, the User shall be entitled to a refund of the amount paid.