General Terms of Use and Contracting

These general terms of use and legal information (hereinafter, the “General Terms”) apply to the website of Pick-App.no (hereinafter, “Pick App”), whose domain is www.pick-app.no and to its related mobile applications, as well as to all its related sites or sites linked from www.pick-app.no by Pick App, as well as its affiliated companies and associates, including Pick App’s websites worldwide (hereinafter and collectively, the “site”). The site belongs to Pick App. By using the site, you agree to these terms of use. If you do not agree, please refrain from using it.

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:

  • Company name: Sammevei AS
  • Registered address: Forskningsparken Gaustadalléen 21, 0349 OSLO
  • Commercial Register registration details: Næringskode(r): 62.010, Programmeringstjenester Registrert i Foretaksregisteret, Merverdiavgiftsregisteret, NAV Aa-registeret
  • Organization number: 917737738
  1.     Object

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.

Throughout these General Terms of Use, both Customers and Mandataries will be referred to as Users of the Platform.

  1.  Terms of Use

By accessing the Platform and voluntarily creating a profile, all Users acknowledge and expressly and unambiguously agree to these General Terms of Use and Contracting and to the Privacy Policy and the Cookie Policy.

  1.  Access and Registration for Customers

In order to be a Customer of the Platform, it is essential that you meet the following requirements:

  •  You must be at least 18 years of age.
  •  You must truthfully complete the mandatory fields of the registration form requesting personal details such as the user’s name, e-mail address, telephone number and bank card number.
  •  You must agree to these Terms of Use and Contracting.
  •  You must accept the Privacy and Data Protection Policy
  •  You must accept the Cookie Policy 

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.

3.1 Profile

In order to complete their registration on the Platform, Users must provide certain details, such as username, e-mail address, telephone number, bank card details, etc. Once they have completed the registration process, all Users can access their profile and complete or edit it, and/or deregister, as they deem appropriate. Pick App does not store users’ payment data, which shall be processed and stored by the payment service provider as described in these Terms and Conditions and in the Privacy Policy.

 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. 

 

  1.  Operation of the Service. Terms of the Mandate

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 product and/or service is not available, the Mandatary must call the Customer to set out the available options. If the Customer does not accept any of the options set out by the Mandatary and is therefore not interested in the alternative options, he/she must accept the cancellation policy set forth in these General Terms of Use (Section Nine). If the Customer does not answer the phone, the Mandatary shall wait 5 minutes before leaving.

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.

 

  1.  Product Returns 

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.

  1.  Prices of the Services and Billing

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.

 

  1.  Price of the Products and/or Services Appearing 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.

 

  1.  Promotional Codes and/or Other Offers or Discounts

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.

  1.  Right of Withdrawal and Cancellation of Orders

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.

  1.  Special Terms of the Purchase Service Ordered through Pick App

The Customer has the option of requesting through the Platform the purchase by a Mandatary, in person, of a selection of products and/or services offered by establishments with which Pick App may or may not have a commercial agreement in place. Using an order form within the Platform, the Customer can indicate the characteristics and price of the product or service and, sometimes, even a photograph thereof, for indicative purposes only.

If a User wants to know the composition and nutritional information of the products available on the Platform, he/she must contact each establishment directly (using the contact details provided by Pick App for the user’s convenience) in order to access full information about the products.

Once the Customer has selected one of the options, he/she can also complete the order by using the free-text space provided in order to include more detailed information or instructions for the Mandatary who is to carry it out.

By using the said free-text space, the Customer states his/her wish to order the purchase in person of certain products, and the Mandatary will be a mere agent acting on the Customer’s behalf. As a result of the foregoing, the customer shall be solely responsible, and it would be the customer who, if the situation arose, would be liable for any incident arising from the nature of the products (such as a sanction, civil and/or criminal liability, financial liability, etc.). In relation to this, Users should be aware that Pick App actively collaborates with the authorities of each country to combat, among other crimes, fraud, drug trafficking, money laundering, terrorism and identity theft. The User is therefore aware that Pick Appmay disclose his/her data to public authorities on their request in order to prevent and avoid the commission of these or other criminal offences.

The Customer is aware, and accepts, that the descriptions and, where applicable, the prices or photographs of the products and/or services available on the Platform, are provided based on the information and documents supplied by the Merchants, and that Pick App is therefore unable to provide any guarantees against any possible inaccuracies in such descriptions, prices and/or photographs.

Furthermore, the Customer accepts that all the products appearing on the Pick App platform are subject to availability and, in this regard, accepts the possibility that, while carrying out the order, the product and/or service may be found not to be available at the Merchant. In addition, the price of the product is subject to slight variations due to modifications at the point of sale. Pick App reserves the right to proceed with the purchase in the case of price variations of up to 30%. If the variation is greater than the said 30%, the Mandatary shall contact the customer to inform his/her of the situation.

Pick App reserves the right to withdraw any product from its platform, as well as to modify the contents of its information sheet at any time, without thereby incurring any liability of any kind.

10.1 Same-Day Deliveries

Pick App provides Customers with a delivery service for products purchased by a Mandatary in person in certain cities. Such an order can be made whenever the following conditions are met at the time of payment:

  •  The service must be operative during the chosen time slot.
  •  The goods to be delivered must be in one of the cities, and within the available area, in which Pick App operates.
  •  The destination must be located in the same city as the product.
  •  The product(s) ordered cannot exceed the following size: 80 cm x 80 cm x 30 cm.
  •  The maximum weight of a single order will be approximately 20 kg.

 

10.2. Price and Payment Method

The price of the product and/or service shall be as stated by the Merchant on the Platform. However, the Customer knows that the price of some of the products may vary in real time due to stock availability at the establishments appearing on the platform, and that the Customer will in any event always be told the final cost before payment.

The Customer will be in constant contact with the Mandatary, who shall act on the former’s behalf in the purchase of products and services. Any change or variation shall therefore be reported by the Mandatary before carrying out the mandate for the Customer’s approval. If the Customer wishes to include any indications regarding the order, he/she will always be able to contact the Mandatary who is carrying out the mandate given directly.

Similarly, at the payment gateway stage, the Customer will be informed of the final price and approximate time of delivery in accordance with the terms of Pick App’s courier service set forth above.

The Customer may pay for the products and/or services by credit card. The cash payment option may be available in some of the countries in which Pick App operates. When making the order, the Customer will be informed of the various payment options available in the territory from which the service is being requested. In order to pay with a credit card, the Customer must provide the card details through the platform as a payment method associated with his/her account. Pick App does not store card numbers on its servers and can only view the last four digits of the card. The full information shall be stored on the servers of the payment service provider that makes the payments on Pick App’s behalf. Customers paying by credit card will incur no additional charges for choosing this payment method. All this in accordance with the terms of the payment platform set forth in Clause 6.1.

In the case of cash payments, the customer must pay the price at the time of delivery of the product and/or on completion of the assignment at the place of delivery. The customer may not refuse to pay the delivery fee and/or the price of the product ordered. The customer can only refuse to pay for the service if he/she has made a complaint and has received a response from Pick App that is favourable to the Customer by the time of the delivery.

If payment for the service can for any reason not be taken from the customer, the user’s account shall be blocked until the situation has been rectified and the debt has been settled.

10.3. Home Delivery of Free Samples and Other Commercial Actions

Pick App reserves the right to enter into commercial agreements with Stores, Department Stores, Entrepreneurs, Professionals (e.g. mass market food companies, laboratories, Department Stores, large and small consumer brands, etc.) to send promotional communications, including the addition of free samples to the order delivered to the User’s home. 

  1. Fee for the Services

The Price of each Order will consist of a variable fee (plus any indirect taxes that may be applicable by law) based on the delivery timing and/or distance travelled (km) (hereinafter the “Fee”).

Pick App reserves the right to modify prices based on the distance involved and/or the time of day when the Order is carried out. 

In accordance with these terms, Users will be entitled to know the approximate Fee that they will have to pay for their Order before they place it. The Fee may vary if there are events of force majeure beyond Pick App’s control that result in an increase in the Fee payable. Pick App shall also pay the Mandatary’s Fee on the User’s behalf. The Fee may also be increased if a User provides subsequent information to the Mandatary, such as a change of collection and/or delivery address(es) or the addition of addresses to the initial order.

Payment for the service rendered will be made by Credit card: Users will pay for each Order individually using a credit card in the same manner and under the same terms as provided in the General Terms of Use and Contracting. 

If the direct debit is cancelled and the relevant payment can therefore not be taken, the amount owed by the Customer will be charged to the credit card associated with him/her on the same day on which Pick App is notified of the direct debit failure. In such case, the customer must bear the costs arising from the direct debit failure (e.g. bank charges).

  1.  Purchases of Alcohol

Users who place an order that includes the purchase and/or delivery of alcoholic drinks through the platform must be of legal age; i.e. 18 or older. When making an order that includes alcoholic drinks, the User confirms that he/she is at least 18 years old. Pick App reserves the right to refuse the order for the purchase and/or delivery of alcohol to any person who is unable to prove that they are at least 18 years old.

This clause will apply in exactly the same way to any other similar product and/or service ordered by a User through the Platform that is reserved for over-18s under the current legislation.

Similarly, in those cases and cities in which the sale and/or delivery of alcoholic drinks is restricted during a particular time slot, it is the User’s responsibility to place orders only during the times allowed under the applicable legislation. Pick App reserves the right to refuse the order for the purchase and/or delivery of alcohol outside the permitted times.

  1.   Products from Pharmacies

In accordance with the current legislation, Pick App does not sell or advertise medicines for human use through the Platform. Mandataries act as agents of those Users who order, through the Platform, non-prescription drugs for human use for collection. 

In any event, Pick App guarantees to Users the availability of a pharmacist’s advice before ordering their medication. For this purpose, Pick App has included a additional information box so that, in the event of doubt, the User can use it to consult the pharmacist who is to dispense the product(s), all this in order to ensure that the Pharmacist can dispense the correct product.

In any event, Pick App will accept no responsibility for Users’ use of the products ordered in the Pharmacy section or be liable for the amounts and/or condition of the products dispensed at pharmacies.

In addition, the Platform may provide the pharmacy that dispenses the medicine ordered by the User with the latter’s username and phone number so that it can answer the User’s questions. This disclosure of data will in any event be subject to the User’s express and unambiguous authorisation in accordance with the applicable data protection legislation.

Pick App makes available to all Pick App Users on the Platform the medicines’ official data sheets published by The Norwegian Medicines Agency (Statens legemiddelverk).

  1.  Policy on the Delivery of Restricted Items

Non-Exhaustive List of Examples:

 

 

Alcohol and Tobacco Products

Deliveries of alcohol and tobacco products may be limited or restricted in certain countries and/or cities in which the Platform operates.

Animals and Regulated Species

Animal parts or fluids; banned seeds, harmful plants; regulated plants or other organisms (including their by-products) which are endangered or whose trade is regulated by law as applicable in any case.

Child pornography

Pornographic material involving children or content that may be perceived as erotic paedophilia.

Copyright on Software and Media

Unauthorised copies of books, music, films and other protected or licensed materials, including properly referenced copies; and unauthorised copies of software, video games and other protected or licensed materials, including from OEMs or other products that cause unsolicited messages to be sent.

Counterfeits and unauthorised products

Copies or imitations of designer products or other goods; items belonging to celebrities that would usually require authentication; false autographs; foreign currency; stamps; tickets; or other unauthorised goods.

Devices or tools for overcoming security measures

Modems, chips or other devices for dismantling technical protection measures as well as on digital devices, including for unlocking iPhones.

Drugs

Controlled substances, narcotics, illegal drugs and their paraphernalia, including psychoactive and vegetable drugs such as psychedelic mushrooms, as well as materials promoting their use; or legal substances such as plants and herbs presented in a form that suggests they should be ingested, inhaled, extracted or used in any other way that may result in the same use as an illegal substance, drug or component or that claims to have unproven health benefits.

Gambling and Betting

Lottery tickets, bets, online betting site memberships/registrations, and related content. Permitted promotion of physical casinos.

Products Sold in Pharmacies

Deliveries of pharmaceutical products may be limited or restricted in certain countries and/or cities in which the Platform operates.  Prescription drugs may not be ordered/delivered. OTC (over-the-counter) medicines, ancillary medical devices, as well as any other products for hygiene, nutrition or similar for human use sold in pharmacies are subject to the mandate given by the User to the Mandatary and to what the pharmacist may deem appropriate.

Materials for hacking and cracking

Manuals, guides, information or equipment that infringes the law by damaging or fraudulently facilitating access to software, servers, websites or other protected property.

Human Body

Organs or other body parts; body fluids; stem cells; embryos.

Stolen or illegal goods

Materials, products or information that promotes illegal goods or facilitates illegal acts; goods not belonging to a person or which a person has no right to sell; goods produced in violation of third-party rights; goods infringing import, export or labelling restrictions; motor vehicles that are subject to transfer restrictions. You (the Glovo User) are solely and fully responsible for checking that all items are genuine and legal.

Illegal telecommunications equipment

Devices aimed at obtaining satellite signals without payment, illegal products for modifying mobile phones and other equipment.

Offensive goods

Goods, literature, products or other materials that:

• Are defamatory of any person or group of people based on their race, ethnic origin or country of origin, religion, gender or any other factor.

• Are defamatory of any person or group of people who are protected from defamation by the applicable law (e.g. the royal family in some jurisdictions).

• Praise or incite the commission of violence.

• Promote intolerance or hatred.

• Promote or support membership of terrorist groups or other organisations that are prohibited by law.

• Are contrary to public morals.

Offensive goods related to a criminal offence

Photographs of, or objects from, a crime scene, such as personal belongings, associated with criminals or criminal acts.

Precious materials

Bulk sales of rare, scarce or valuable stones or materials.

Culturally protected artefacts

Materials covered by the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or other goods whose sale, export or transfer is restricted by law; artefacts, cave formations (stalactites and stalagmites);

Pyrotechnic devices and dangerous substances requiring special permission

Pyrotechnic items and related goods in markets in which their supply is regulated, as well as substances such as petrol or propane.

Traffic-related devices

Radars, number plate holders, illegal traffic-modification devices and related products.

Weapons

Firearms, ammunition and other items including, without limitation, firearms, knives that are either undetectable or easy to conceal, martial arts weapons, silencers, ammunition or ammunition magazines.

Money and Foreign Currency

Foreign currency or currencies insured with precious metals, as well as banknotes, coins or any other valuable securities

Primary and Secondary Schools / Use by children

We reserve the right to refuse orders from users who are minors. In addition, we reserve the right to refuse orders at any location near a primary or secondary school, as well as to ask for sufficient proof of age.

Misuse of the platform / Abuse

We will not tolerate the use of abusive language or abusive attitudes towards our company or freelance workers.

 

  1.  Geolocation

Pick App may collect, use and share exact location data, including the real-time geographic location of the User’s computer or mobile device, provided that this is authorised by the User. The said location data may be collected and used by Pick App to show Users the location of the point of origin and/or destination of an assignment. In this regard, Users expressly consent to their geolocation data being shared with other Users and Suppliers in order to successfully carry out the assignment requested at any given time. Users may choose to disable Geolocation on their devices as provided in the Data Protection Policy:

Users shall be responsible for entering the correct addresses for collection and delivery. In this regard, Pick App will accept no liability for errors or omissions in the provision of such addresses by the User.

  1.  The User’s Obligations

Users are fully responsible for the proper use of, and access to, their profile and other Platform contents in accordance with the current legislation, be it national or international, of the Country from which they are using the Platform, as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, they undertake to diligently comply with these General Terms of Use.

Users are responsible for correctly entering their individual usernames and passwords, which must be non-transferable and sufficiently complex, and for not using the same username and password as on other platforms, all this in order to protect their account from fraudulent use by third parties not belonging to the platform.

Users shall refrain from using their profile and other Platform contents for illegal purposes or with illegal results that harm third-party rights and interests, or that may in any way damage, disable, affect or impair the Platform and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the Platform.

Pick App may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any of the opinions that may be issued by Users of the Platform, whose consequences shall be the sole responsibility of their issuers.

Any persons who breach the above obligations shall be liable for any loss or damage caused by them. Pick App will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.

In general, Users undertake, by way of example without limitation:

  •  To refrain from altering or modifying the Platform, in full or in part, by bypassing, disabling or in any other way tampering with, its functions or services;
  •  To refrain from infringing industrial and intellectual property rights or the rules on personal data protection;
  •  To refrain from using the Platform to insult, defame, intimidate or harass other Users or attacking their image;
  •  To refrain from accessing other Users’ e-mail accounts;
  •  To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to Pick App’s or third parties’ contents or systems;
  •  To refrain from sending mass and/or recurring e-mails to a number of people, or from sending third parties’ e-mail addresses without their consent;
  •  To refrain from advertising goods or services without Pick App’s prior consent.

Any User may report another User if he/she believes that the latter is in breach of these General Terms of Use. Similarly, any User may inform Pick App of any abuse or infringement of these terms through the Contact Form. Pick App will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving the right to remove and/or suspend any User from the Platform for breach of these General Terms of Use. Furthermore, Pick App reserves the right to remove and/or suspend any message with illegal or offensive content without the need for a prior warning or subsequent notification.

  1.  Deregistration by Users

Users may deregister from the Platform by sending an e-mail through the Contact Form.

  1.  Pick App’s Responsibility

Users are responsible for having in place the necessary services and equipment to browse the Internet and access the Platform. Users can report any incidents or problems accessing the Platform to Pick App using the contact channels made available to Users, and Pick App will analyse the incident and instruct the User on how to resolve it as quickly as possible.

Pick App does not control, and is not responsible for, the contents uploaded by Users through the Platform, and Users are solely responsible for the lawfulness of such contents.

Pick App will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control.

Pick App accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:

  • The presence of a virus in the User’s computer system or mobile handset used to connect to the Platform’s contents and services;
  • A malfunction of the browser;
  • The use of outdated versions thereof.
  1.  Responsibility for Content

Pick App does not control (and is under no obligation to control) how Users use the Platform. It therefore does not guarantee that Users use the Platform in accordance with these General Terms of Use or in a diligent and/or prudent manner. Pick App does not check (and is under no obligation to check) the identity of Users or the truthfulness, current validity, completeness and/or authenticity of the data supplied by them.

Pick App will not check the products sent or delivered through orders on the Platform. Both the User and the Mandatary therefore release Pick App from any liability that might arise from the availability and/or transport of products requiring specific permissions or licences, or of products forbidden by any applicable legislation, as described (by way of example without limitation) in Clause 15 above. If Pick App becomes aware that the User and/or the Mandatary is/are using the APP to transport prohibited products, Pick App may launch an internal investigation to ascertain the facts, take any legal action that may be necessary and/or block the User or Mandatary in question until the investigation has been completed. The measures available to Pick App include providing the authorities with data and information on the Users and Mandataries.

Pick App rejects any liability for damages of any kind that may arise from Users’ illegal use of the Platform or due to the information supplied by Users to other Users about themselves being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a User impersonating a third party in any kind of communication made through the Platform. In particular, Pick App accepts no responsibility for the use of the application or for any orders that may be made by a third party from the User’s account.

Notwithstanding the foregoing, Pick App reserves the right to fully or partly restrict certain Users’ access to the Platform, as well as to cancel, suspend, block or remove certain types of content, by means of suitable technological tools, if it becomes aware that the activity or the information stored is illegal or harmful to a third party’s rights or property. In this regard, Pick App may establish any filters that may be necessary to prevent the service from being used to upload unlawful or harmful content to the Internet. By making content available through the Platform, Users assign to Pick Appall exploitation rights arising from the contents thus supplied.

  1.  No Warranty in Assignments or Payments

Pick App gives no warranties regarding the authenticity, accuracy, novelty, reliability, lawfulness or non-infringement of third-party rights by Mandataries. In this regard, Users state that they understand that Pick App is a technology platform whose main activity is intermediation; in other words, it puts Customers and Mandataries in contact with each other; and that it therefore accepts no liability arising from the information provided by Mandataries or for any loss or damage that may potentially be suffered by them due to a breach of these General Terms of Use. When an order is placed on the APP and accepted by the Mandatary, a direct relationship is established between the User and the Mandatary. Pick App is not a party to this relationship and merely provides the APP to enable the Parties to communicate and place as many orders as may be necessary. Pick App will therefore never be liable for the availability of Mandataries or for their adequate and satisfactory performance of assignments.

Pick App makes no assertions or confirmation regarding any Mandataries or their identity or background information. Notwithstanding the foregoing, Pick App may potentially carry out additional checks and put into motion procedures designed to help check or verify the identity of Mandataries. In this regard, when a User achieves Mandatary status, this simply indicates that the said user has completed the relevant registration process and has accepted these General Terms of Use and any other specific conditions that may apply to him/her. Such status implies neither certification nor endorsement by Pick App as to such User’s reliability, suitability and/or safety.

Pick App therefore recommends that Customers always use common sense and their full attention when delegating an assignment to a particular Mandatary.

By becoming members of the Platform, Users accept that any claims they wish to bring for legal liability arising from actions or omissions of other Users of the Platform or third parties shall be restricted to such Users or third parties, and that no actions for liability may be taken against Pick App

  1.  Updates and Changes to the Platform

Pick App reserves the right to amend these General Terms of Use, the Privacy Policy and the Cookie Policy at any time and without prior notice. Users must carefully read these General Terms when accessing the Platform. In any event, acceptance of the General Terms is an essential step to be taken before accessing the services and contents available through the Pick App Platform.

In addition, Pick App reserves the right to update, amend or delete the information contained on its Platform, at any time and without the need for prior notice, with regard to its layout, presentation and access conditions, without thereby accepting any liability in relation thereto. Pick App does not guarantee the absence of errors or interruptions when accessing the Platform or its content, or that it will always be up to date. Notwithstanding the foregoing, Pick App shall, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.

  1.  Intellectual Property

Pick App is the owner or licensee of all intellectual and industrial property rights included on the Platform as well as of the contents that can be accessed through it. The intellectual property rights of the Platform, as well as the text, images, graphic design, browsing structure, information and contents included therein, are the property of Pick App, who has the exclusive right to exercise the exploitation rights therein in any manner, in particular the rights of reproduction, distribution, publication and transformation, in accordance with the Norwegian legislation on intellectual and industrial property rights.

In spite of the foregoing, Pick App may not be the owner or licence holder of content such as names or images, among others, of companies with which Pick App does not have a business relationship. In such cases, Pick App acquires the content from publicly available sources, and Pick App shall in no event be deemed to be related to any right belonging to Pick App.

Authorising a User to access the Platform does not imply the waiver, transfer, licensing or full or partial assignment by Pick App of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the Pick App Platform are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicising, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the Pick App Platform for public or commercial purposes are also prohibited, save with Pick App’s express written authorisation or, where applicable, that of the owner of the rights concerned.

Any User who shares any content of any kind through the Platform asserts that he/she has the necessary rights to do so, releasing Pick App from any liability regarding the content and lawfulness of the information supplied. By providing content through the Platform, Users assign to Pick App, free of charge and to the maximum extent permitted by the current legislation, the exploitation rights on the intellectual or industrial property arising from such content.

 

  1.  Severability

If any of the clauses of these General Terms is found to be void by operation of law or voidable, it shall be deemed not to have been included. Such declaration of nullity will not cause the rest of the Agreement to be void, and the said Agreement shall remain valid and effective between the Parties.

  1.  Applicable Law

The relationship between Pick App and the User shall be governed and construed in accordance with the General Terms, whose construction, validity and enforcement shall be governed by Norwegian law; and any disputes shall be submitted to the Courts of Oslo unless the User requests that they be submitted to the courts applicable to his or her home address.

  1.  Alternative Dispute Resolution

Any disputes or disagreements arising outside the European Union shall be submitted to the The Arbitration and Dispute Resolution institute of the Oslo Chamber of Commerce.