TERMS AND CONDITIONS

1. Introduction

 

Welcome to the NoWasteYesTaste application, owned by Juli Moa Sanchez, with NRT number: 106743R, (CEO), whose address is located at C / Dels Vilars, Ed. Santa Margarida, Block C, 4to 1a, Escaldes-Engordany, Andorra.

 

1.1 The Object

 

The purpose of NWYT is to create a platform (mobile application) where Restaurants, Supermarkets, food establishments, (hereinafter " Establishments ") etc can sell their surplus food, raising awareness of food waste.

 

The Establishments will sell in the application the surplus of the food (hereinafter “ Product ”) without specifying the product that is since it is not possible to know before the food service or sale of the same what food will be left, thus adding the factor surprise.

 

We offer a system that allows the end user, the client (hereinafter “ User ”) to communicate their surplus food orders (“ Products ”) by making the reservation to food stores, restaurants, supermarkets, bakeries, hotels, stations service etc. (" Establishments ") displayed on our platform.

 

The legal contract for the supply and purchase of the Products is established between the User and the corresponding store. NWYT has no control over the actions or omissions of any of the stores.

 

These terms and conditions (" Terms ") stipulated by No Waste Yes Taste (" NWYT ") apply to any reservation and sale of the Products to Users made through the NWYT application (" Platform ").

Once the reservation is made (see below), the User accepts these Terms and, therefore, the User must thoroughly review the Terms before placing an order on the Platform.

NWYT's privacy and cookie policies, available at all times on the Platform, will be an integral part of these Terms and must be automatically accepted upon acceptance.

Any correspondence with NWYT will be sent to the following email address: info@nowasteyestaste.com

NWYT is committed to making the platform available twenty-four (24) hours a day. However, due to Internet casuistry, NWYT cannot guarantee availability 24 hours a day or the absence of transmission errors. Access to the platform may be suspended or restricted in order to carry out repair, maintenance or improvement work. NWYT will attempt to limit the frequency and duration of such outages or restrictions, and to do so during off-peak hours.

 

By placing an order on the Platform, the User confirms that:

 

  • Make a purchase for personal purposes;

 

  • You are 18 years old and have a valid debit or credit card or other payment method available for purchases on the Platform.

 

The User agrees that all agreements between him and NWYT will be kept by NWYT for a period of 5 years or more, if required by law.

 

By accepting these Terms, the User agrees to receive emails and SMS regarding their orders. This is necessary to guarantee that the User receives all the necessary notifications and information related to the order. Likewise, the User agrees to receive all notices, notifications and communications through technological means, unless the law requires sending it by other means.

 

NWYT reserves the right to revise and modify the Terms from time to time, notifying all those affected.

The purchase of the User will be subject to the Terms applicable at the time the User makes the purchase, (see clause 5). NWYT will make every effort to inform the User in advance of any incident that may affect their use of the service, if the User does not accept the changes, they will have the right to terminate the contract.

2. NWYT concepts or idea

 

The Products are available to be purchased on the Platform, and Users may acquire them by means of a "save food" action (see below) on the Platform.

The Products will be acquired by the User when NWYT confirms it by means of a "Purchase Confirmation or Saved Food" (see point 9).

Once the User acquires the Product, and the Establishment accepts the purchase, the User agrees to be present at the Establishment at the time of collection (see point 9 below) and, in turn, the Establishment agrees to offer the Product for sale, as specified in these Terms. Both parties will have the right to cancel as provided below.

NWYT only manages the collection of the Products on the Platform on behalf of an Establishment, without any contractual relationship between NWYT and the User in relation to the Products or their sale. NWYT has no responsibility regarding the Products or the comliance of the contract between the Establishment and the User.

NWYT only charges the purchase price (as provided below) for the Products on behalf of the Establishment and therefore only acts as a payment manager on behalf of the Establishment.

 

 

3. NWYT Contact and Customer Service

 

No Waste Yes Taste with office in Escaldes-Engordany

 

C / Dels Vilars, Ed, Santa Margarida, Bloc C, 4to 1a

 

AD700, ANDORRA

 

Telephone number in Andorra: +376 665645 / +376 328727

 

Email address: info@nowasteyestaste.com

 

 

4. Products

 

NWYT is limited to establishing a contract between the User of the application (hereinafter “User”) and the Establishment and NWYT in no case assumes any responsibility regarding the Products or the compliance of said contract between the Establishment and the User. .

 

NWYT does not carry out or participate, in any case, in the manufacture, sale, purchase, storage, preparation, production, processing, labeling, packaging, delivery or manipulation of the Products. NWYT assumes no responsibility for compliance with contractual obligations towards the User or the Products, including the manufacture, sale, purchase, storage, preparation, production, processing, labeling, delivery, quality, ingredients, allergens or manipulation of the products, nor for compliance with current legislation, including with respect to the foregoing.

 

The User can find a description and information of each one of the Products in the application, in the tab of each Establishment.

 

However, the description is purely illustrative and is for the sole purpose of providing the User with information to evaluate the Products selected in the application before making the purchase. There may be cases in which the application is not updated and the range of products, the stored article, etc., do not correspond to what is indicated in the application. In such cases, NWYT assumes no responsibility as the Establishments are responsible for providing information on the Products and for ensuring that such information is accurate and up-to-date. NWYT assumes no such responsibility. It is added that the User will always be informed that the Products may contain certain allergens in the description of each Establishment, and that they must confirm their intolerance directly with the Establishment before purchasing the Product.

 

If the User has any questions about a warning regarding allergens, the composition of a dish or any other information on food, the User must contact the Establishment directly before placing the order. The contact information of the Establishment will appear on the Platform. The User may at any time cancel the reservation, if it is due to the ingredients, allergens or other information related to the Product labeling.

Any Product purchased prior to purchase through the NWYT Platform must be consumed immediately after collection and / or as indicated on the product label or at the Facility itself. NWYT will not assume any responsibility for the adverse reactions that Users may suffer derived from the Products for whatever reason, including consumption contrary to the labeling or to the information indicated directly by the Establishment.

NWYT will not be responsible or liable for the breach or delay in the compliance of the obligations related to the Products, including everything related to the manufacture, sale, purchase, storage, elaboration, production, processing, marking, delivery, quality, ingredients, allergens or treatment of the Products.

 

 

5. Ordering the Products

 

A list of the Establishments can be found in the application. If the User has allowed the application to use location services, the application will track the User's location and display a list of Establishments near where they are. Once the User has selected the Establishment and the Product, they can make their purchase by clicking on "buy", "save", "save again", "locate my order" or a similar button. It is important to check the Establishment and the Product before clicking or selecting this button. Once the User does it, NWYT begins to process the orders and it is not possible to correct errors.

 

The supply of the Products on the Platform is only an invitation for the User to place the order.

 

Once the order is received, NWYT will begin to process it by sending the order to the corresponding Establishment. NWYT will notify the User that the order has been received and is being processed. Please note that any confirmation page that the User may see on the Platform is limited to indicating that the order has been received and is being processed and does not mean that the order has been accepted by the Establishment. Therefore, the agreement between the User and the Establishment is not final until the User has received an invoice in the application ("Order Confirmation").

 

Due to the casuistry of the operation of the Application, NWYT or the Establishment may cancel the order up to 2 hours before the pick-up time in the event that the Establishment does not have surplus food. In this case, the User will receive notification of the cancellation by the establishment or NWYT by email and / or SMS provided the User has provided correct contact information to NWYT. In this case, NWYT will not charge the User.

 

6. Confirmation of Order and invoice

 

After placing the order, the User will receive an Order Confirmation by email and / or through the Platform. This means that the order has been accepted (subject to cancellation as stated in this document). The User must save the Order Confirmation. The Order Confirmation will contain information about the order placed by the User and his name, address, payment information, Products ordered, price, payment terms, time and place of collection and a link to the Terms accepted by the User.

 

 

7. Price and availability

 

All prices include legally applicable taxes (IGI), but can exclude any administration fee for online payments, unless otherwise specified. Any other charge related to the order and payment will be calculated and noted when the User places his order. Errors may occur in the prices indicated on the Platform.

 

Any value of the Products specified in the Platform is a minimum value with respect to the value that the Products would have had if they had not been put up for sale as food surplus.

 

NWYT cannot offer detailed information on the availability of a Product, beyond the information provided on the Platform.

 

 

8. Payment terms

 

The User of the application can pay thanks to the virtual POS system through debit and credit cards (VISA, Mastercard), as well as through other forms of payment made available on the NWYT Platform.

 

If a credit or debit card is used, the User must enter their card number, expiration date and security code when placing an order (CVV). Before adding any credit card information, NWYT will request the User's consent to save their credit card information for future purchases within the Application. The User may delete the information stored on their credit or debit cards through the application. NWYT will only keep a security token to process your payment.

 

The payment service provider (Redsys) must collect payment information (credit or debit card), since it is mandatory for the proper compliance of the contract between User and NWYT and to comply with current legislation (such as anti-money laundering regulations). capital). Otherwise, you will not be able to use the NWYT platform.

 

Once the User has placed the order, the cost of the Products set by the Establishment ("Purchase Price") is recorded in the User's account according to the chosen payment method ("Account"). The purchase price is charged to the User's account after the Products have been collected from the Establishment in question, once it has been validated by the latter. NWYT can correct, modify or restructure the payment procedure of its Users if it deems it necessary.

 

The Platform uses PCI DSS compliant payment service providers. Payment by debit card or credit card on the platform is secure and certified by the card issuer. All payments are made using an encrypted Internet connection.

 

If the User's payment method or credit card is rejected when paying for an order, the User must verify that the information entered is correct.

 

In some cases, NWYT may receive an error code when a user's payment method or credit card is rejected. The error code makes it possible to identify the cause of the rejection. NWYT can inform the User in the application about the reason why their credit card or payment method has been rejected, in order to allow the User to correct the error and can continue in the process of purchasing the Products.

 

If the User has corrected the error and the credit card continues to be rejected, NWYT recommends that the User contact their nearest bank or bank branch.

 

Due to normal banking procedures, once the User has placed an order that is paid by credit or debit card and the payment has been authorized, the bank or card issuer will retain the total amount of the order. If, subsequently, the order is rejected by the Establishment or is canceled for any other reason, the bank or the card issuer will not transfer the funds for the payment of the NWYT order and the return will take place to the User by releasing said amount in the latter's bank account. However, this may take up to 10 business days (or more, depending on the bank or issuer of the User card), and NWYT does not have the authority to make inquiries to the bank or issuer of a User card on payment issues. (Only the User can do it).

 

By accepting these Payment Conditions, the User acknowledges and accepts that NWYT is not responsible to the User for anything in relation to the above.

 

9. Collection of products

 

Products ordered through the Platform must be collected by the User at the indicated collection address. The pick up time will generally be a 15-30 minute time period, although it may be shorter or longer. The description of the Establishment and the details about when and where the Products can be collected will appear on the Platform (before buying the product) and in the Order Confirmation. If the User arrives at the reception address before the specified pick-up time, he must wait outside for the good of the Store's clients unless the Establishment indicates otherwise. If the User is late, the Establishment may have closed. Users are asked to be respectful of the rest of the clients and personnel of the Establishment. Any unacceptable behavior may result in the user's access to the Platform and the Establishment being prohibited.

 

In the event that the User does not collect the order on time, the Establishment has the right to sell the Product to a third party, without any responsibility towards the User, and NWYT has the right to collect the purchase price from the User.

 

When the User collects his order, he must show his Order Confirmation in the NWYT application to the employees of the Establishment, after this, he will confirm receipt / receipt and deliver the ordered Products. It is the responsibility of the User to ensure that they can show the Order Confirmation in the application at the time of collection. The User must ensure that the Products and the quantities delivered correspond to his order.

 

NWYT is not responsible for any breach or delay in the compliance of the obligations related to the products or services.

 

Furthermore, NWYT is not responsible for any failure or non-compliance with respect to its Services if such failure is due to circumstances beyond NWYT's control. Such circumstances include, but are not limited to, disruptions to the operation of NWYT and / or the Establishment as a result of legislation, acts of state or public authorities, acts of war, terrorism, strikes, physical blockades, lockouts, and natural disasters.

 

 

10. Right of cancellation

 

After delivery of the Products, the User will not have the right to return the order. As the Products purchased by the User are perishable, the User has no right to cancel the order less than 2 hours before the start of the pick-up time.

 

However, the User may cancel the order for the Products up to 2 hours before the start of the pick-up time. The decision to use the right of cancellation will be communicated by the User to NWYT through the application. If the User complies with the above, the purchase price will be returned by NWYT.

 

If the 2-hour limit is not met, the User will not have the right to cancel the order or receive a refund as discussed in the first paragraph.

 

However, the User may cancel the reservation until collection, if the cancellation was for reasons related to the ingredients, allergens or other information on the Product's labeling, without any charge by NWYT.

 

Due to the casuistry of the operation of the Application, NWYT or the Establishment may cancel the order up to 2 hours before the pick-up time in the event that the establishment does not have surplus food. In this case, the User will receive notification of the cancellation by the establishment or NWYT by email, in the Application itself and / or SMS, provided that the User has provided correct contact information to NWYT. In this case, NWYT will not charge the User.

 

The decision to use the right of cancellation must be communicated by the User to NWYT through the link for cancellations available on the Platform (section "My Purchases"). If the User cancels the reservation outside of the cases provided above, the User will not be entitled to any refund.

The reason for the cancellation rights described above is to ensure that the food is used and therefore to limit food waste.

11. Right of complaint or claim

 

It is recommended that the User verify the content of the deliveries upon receipt.

 

In case of claim, the User must contact NWYT by sending an email with the order number and information about the Products, as well as the reason why the User is not satisfied. Once the complaint is received, NWYT will process the complaint, in cooperation with the Establishment in question if necessary, and the User will receive a response from NWYT within approximately 10 business days.

12. User Reviews

 

In particular (but without limitation), the opinions that the User sends through the Platform cannot:

 

  • Contain any defamatory, obscene or offensive material;

 

  • Promote violence or discrimination;

 

  • Infringe the intellectual property rights of another person or legal entity;

 

  • Violate any legal obligation contracted with a third party (such as a duty of confidentiality);

 

  • Promote illegal activity or invade the privacy of a third party;

 

  • Give the impression that they were originated by NWYT;

 

  • Impersonate another person or falsify your relationship with another person.

 

The prohibited acts listed above are not exhaustive. NWYT reserves the right (but does not undertake, except when required by law) to delete or edit at any time any comment published, uploaded or transmitted to the Platform if NWYT determines that said opinion violates one or more of the aforementioned prohibitions. above, it is objectionable or it may expose NWYT or third parties to any damage or liability of any kind, or for any other reason, without the need to inform the User himself.

 

The opinions contained in the Platform are for informational purposes only and do not constitute advice from NWYT. The comments reflect the opinions of the Users who have made requests through the Platform or third parties, and any statement, advice or opinion provided by said Users belong exclusively to them. Consequently, and to the extent that the law allows, NWYT assumes no responsibility before any person for any opinion including without limitation any error, defamation, obscenity, omissions or falsehoods that the User may find in any of said comments.

13. User behavior

 

If the User does not behave appropriately, insults the employees or other Users of an Establishment or NWYT, commits a crime against or in the Establishment or NWYT, violates the Establishment or NWYT code of conduct rules or carries out a behavior Similarly, NWYT may, at its discretion, prohibit or suspend the attention to the User of the Platform and the services.

 

 

14. Intellectual property

 

The User can use the Platform to print and download extracts for their personal non-commercial use on the following bases:

 

  • The User must not make improper use of the Platform (including piracy or scraping).

 

Unless otherwise indicated, the copyright and other intellectual property rights in the Platform and in the materials published on it (including without limitation photographs and graphic images) are the property of NWYT or its licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Platform that is not in accordance with this clause 14 is prohibited.

 

The User may not modify the digital or paper copies of any material that he or she prints in accordance with this clause 14, nor use any of the images, photographs or any other graphic, video or audio sequences separately from the text that accompanies them.

 

The User must ensure that NWYT's status as author of the material on the Platform is always recognized and referenced.

 

The User is not authorized to use any of the materials on the Platform or the Platform itself for commercial purposes without obtaining a license from NWYT to do so.

 

Except as indicated in this clause 14, the Platform cannot be used, and no part of the Platform can be reproduced or stored in any other Platform or included in any public or private electronic recovery system or service, without the prior consent of NWYT brief.

15. Responsibility

 

The laws of some countries may not allow some or all of the liability limits set out above. In the event that said legislation is applicable to the User, part or all of said limits may not be applicable. Furthermore, such legislation may confer additional rights to those provided in this document.

 

Nothing in these conditions limits or excludes our liability in the event of counterfeiting, or in the event of death or personal injury attributable to our negligence or fraud.

 

NWYT will not be responsible for the losses that result or are related to (i) aspects for which the Establishment was responsible, (ii) faults of third parties or for the non-attributable interruption of the availability of the Platform, (iii) orders placed by Users using fraudulently obtained payment data or using a false identity (for example, “phishing” of credit card data, identity theft, etc.); (iv) the content of sites to which the Platform links, including the accuracy of third-party sites to which the Platform may link or the data protection on such sites; and (v) similar assumptions as provided in (i) - (iv).

NWYT will not be responsible for the breach of its Services if this breach was caused by any circumstance beyond the control of NWYT. These circumstances may be, by way of example but not limited to, the interruption in the operation of NWYT and / or the Establishment as a consequence of legislative changes, acts of State or of public authorities, acts of war, terrorism, strikes, physical blockades, closings and natural disasters.

NWYT will only be responsible for direct losses and in no case will it be responsible for indirect or emergent losses. In any case, except in the case of fraud or painful conduct, NWYT's liability will be limited to the amount of 500 €.

This will also apply with respect to product liability.

16. Applicable law

 

These Terms and any contract for the purchase of the Products are subject to the laws of the country in which the Establishment is located, in this case, the Principality of Andorra.

 

Any dispute arising from or in relation to these Terms and when said dispute cannot be resolved amicably, will be resolved by the courts of the Principality of Andorra.

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