ТERMS AND CONDITIONS
1. DEFINITIONS USED
GOOSE
SIA "GOOSE", registration No. 40203254599 legal address: 1-10 Vilandes Street, Riga, LV-1010.
Partner
the person whose goods are sold to the Customer through GETIFY.
Client
a person who purchases a Partner Service using the GETIFY App.
Goods
The goods included in the Partner's service that the Customer may order, according to the offer specified by GETIFY.
Order
the agreement between the Customer and the Partner on the purchase of the Goods via the GETIFY App.
Order price
The price, inclusive of VAT, at which the Partner sells goods to Customers through GETIFY within one Order.
Request
a request from the Customer to the Partner to sell and deliver certain Goods to the Customer created in the GETIFY App
GETIFY
a digital application owned by GOOSE through which the Customer can place an Order.
Sales Point
the place where the Partner delivers the Goods to the Customer in accordance with the Order.
Terms
Terms and conditions of GETIFY services.
2. APPLICATION OF THE TERMS
2.1 These Terms apply to and govern the relationship between GOOSE and the Customer in connection with the use of the GETIFY App. The Terms are available to the Customer on getify.eu and GETIFY.
2.2. Registration for GETIFY and receipt of services through GETIFY shall be deemed to constitute the Customer's acceptance of these Terms.
2.3 By registering with GETIFY, the Customer confirms that he/she is at least 18 years of age and agrees that GOOSE shall process the Customer's personal data entered into GETIFY and disclosed while using GETIFY to receive the Services in accordance with these Terms and the Privacy Policy. The Privacy Policy is available to the Customer on getify.eu and GETIFY.
2.4 GOOSE may amend the Terms without prior notice to the Customer. The amended Terms shall become binding on the Customer upon their publication on GETIFY and getify.eu, unless the amended Terms provide for a different effective date. If the Customer continues to use GETIFY, the Customer shall be deemed to have accepted the amended Terms. GOOSE may require the Customer to agree to changes to the Terms as a condition of continued use of GETIFY and may deny the Customer access to GETIFY in whole or in part if the Customer has not agreed to changes to the Terms.
3. GETIFY USE
3.1. The Customer shall register with GETIFY by completing the registration steps on GETIFY, including providing the requested information. The Customer's mobile telephone number shall be used as the unique identifier of the Customer's GETIFY User Account. Only one Customer Account may be created per mobile phone number.
3.2. By registering for GETIFY, the Customer confirms a freely expressed, unambiguous, express intention to use GETIFY in accordance with the Terms and agrees to be bound by the Terms. The Terms shall be binding and applicable in connection with all activities performed by the Customer on GETIFY, including each Order, payment, confirmation, photo download, etc.
3.3 GOOSE retains all intellectual property rights in GETIFY and all rights not expressly granted to the Customer. GOOSE shall have the right to deny the Customer the right to access GETIFY and to terminate the Customer's account in the circumstances set out in these Terms.
3.4 GOOSE shall provide a service to the Customer to place Orders with the Partner through GETIFY and to pay the Partner for the Order. The Partner shall be solely responsible for the execution of the Order. An Order between the Customer and the Partner shall be deemed to be concluded when the Partner has confirmed the Customer's Request via GETIFY and the Customer has paid for the Order.
3.5. The Order shall create an obligation between the Client and the Partner. GOOSE acts as an intermediary in the conclusion of the Order. GOOSE shall not be liable for the performance of the Partner's Order by the Customer or the Partner.
3.6 GOOSE shall not be liable for the quality or adequacy of the goods supplied by the Partner, shortages, inadequate quality of the goods, adverse effects, including any allergic reactions or other health problems and damages suffered by the Customer or third parties as a result of using the goods or services of the Partner.
4. PLACING AN ORDER USING GETIFY
4.1 The Customer may select a Partner through GETIFY and offer to enter into an Order with that Partner for the Goods that the Partner offers to buy when making a Request. The images of the Goods are not binding on GOOSE, the Partner or the Customer. The appearance of the Goods delivered may differ from their appearance in the images.
4.2. In the Request, the Customer shall also specify the method of execution of the Order and the Partner's Sales Point where the Order is to be executed, choosing from the options offered by GETIFY:
4.2.1. handing over the goods to the Customer at the Customer's vehicle outside the premises, in the area at the entrance to the Sales Point, or
4.2.2. transfer of the goods to the Customer at the Partner's Sales Point, or
4.2.3. handing over the goods to the Customer at the Sales Point at the table.
4.3 At the time of making a Request, GETIFY shall provide information on the estimated time of execution of the Request at the relevant Sales Point. The Client has the option to select the latest time for receiving the Request.
4.4. The Customer shall indicate in the Request whether the goods will be received by the Customer or by another person whose details (name, surname and vehicle number) the Customer shall specify in the Request.
4.5 An Order shall be deemed to be concluded and accepted for execution by the Partner when the Partner has confirmed the Customer's GETIFY Request, including the time of execution of the Request. If the Partner is unable to execute the Customer's Request as prepared by the Customer, the Partner shall not confirm the Request. If the Partner is unable to fulfil part of the Request, then the Partner shall be entitled to inform the Customer indicating which item is unavailable. If the Customer amends the Request accordingly, the Partner shall approve the amended Request.
4.6 If the Partner has not approved the GETIFY Request, the Request will be cancelled.
4.7 The Customer shall have the option to specify the Customer's special requirements for the preparation of the Goods in the Request. The Partner will use its best endeavours and, to the extent possible, will comply with the Customer's special instructions in the preparation of the Goods contained in the Request, but does not guarantee compliance with such special instructions. If it is not possible for the Partner to comply with the Customer's instructions in preparing the Goods, the Partner may inform the Customer before confirming the Request or reject the Request.
4.8 The Customer shall independently familiarise itself with the composition of the Goods as set out in the GETIFY before making a Request. Neither GOOSE nor the Partner shall be responsible for the Customer's reaction to the Goods, including if the Customer has an allergic reaction and the Goods contain ingredients that cause the Customer's allergy. The Customer shall contact the Partner for information on the ingredients of the Goods, including allergens, prior to making a Request and shall only make a Request if it has received information satisfactory to the Customer from the Partner. By submitting a Request to GETIFY, the Customer confirms that the Customer has obtained from the Partner all information of interest to the Customer regarding the ingredients of the Goods, including allergens, where the Customer has required additional information or the Customer is familiar with the composition of the Goods and the Customer has not needed to obtain additional information from the Partner.
4.9 The Order is concluded when the Partner has accepted the Request. The Partner shall execute the Order when the Customer has paid the Order Price to GETIFY. If the Customer has not paid for any Order, it shall be cancelled.
5. PAYMENT FOR THE ORDER
5.1 GOOSE acts as an intermediary in the conclusion and settlement of the Order between the Customer and the Partner.
5.2. The Customer shall pay the Order Price using the payment options offered by GETIFY. The Customer authorises the use of the Customer's payment card provided by the Customer to GETIFY, as well as Google Pay or Apple Pay if they are added as payment means. Payment for the Order is not accepted in cash.
5.3 GETIFY uses the payment service provider STRIPE to process the Client's payments. By providing payment card details to GETIFY or adding Google Pay or Apple Pay, the Customer agrees to the processing of the Customer's data for the purpose of receiving the services provided by the Partner and GOOSE. The Customer agrees that the Customer's payment card, Google Pay or Apple Pay account shall be used to process and make payments for the Customer's Orders placed using GETIFY. The Customer shall independently update the payment card, Google Pay or Apple Pay details in GETIFY if they have changed or if the Customer wishes to make payment for an Order from another payment card.
5.4. Upon the conclusion of an Order, the Customer shall make payment to GETIFY in the amount of the Order Price. All payments authorised by the Customer will be charged to the account linked to the Customer's payment card.
5.5 GOOSE shall collect all payments from the Client on behalf of the Partner. A payment shall be deemed to have been made when it has been confirmed by GETIFY and the amount of the Order has been received in GOOSE's current account.
5.6. If the Order price is not paid, the Order shall be cancelled and the Customer shall be notified thereof by GETIFY.
6. GETIFY CREDITS AND DISCOUNT CODES
6.1 Any credits and discount codes granted to the Customer by GOOSE entitle the Customer to a discount on the price of the Order in the amount of the relevant monies. Details of the amount of the discount and the conditions of its application to the Order are set out in the GETIFY.
6.2. The Customer may receive credits as a promotional reward by inviting their eligible friends to register as new GETIFY Users. For each eligible referral, the Customer may receive GETIFY credits as specified in GETIFY. GOOSE has the right to terminate the awarding of credits at any time.
6.3 GOOSE shall be entitled to unilaterally establish and change the conditions relating to the granting, use and validity of credits and discounts.
6.4. Credits or discount codes cannot be exchanged for cash and/or non-cash currency.
6.5 Once expired, credits and discount codes are no longer valid and cannot be used for any Order.
6.6. GETIFY Credits or Discount Codes will be cancelled if GETIFY becomes aware of any misuse or suspected misuse of Credits or Discount Codes or if it is discovered that GETIFY Credits or Discount Codes have been wrongly allocated.
7. CHANGES TO THE ORDER AND RIGHT OF WITHDRAWAL
7.1. After the conclusion of the Order and payment of the Order Price, the Customer shall not be entitled to make any changes to the Order.
7.2. The Customer shall have the right to withdraw from the Order within 14 days from the date of the conclusion of the Order without giving any reasons. In order to exercise the right of withdrawal, the Customer must notify GETIFY or the Partner of the exercise of the right of withdrawal by means of an express notice in the form of a free form notice of withdrawal from the Order. If the Customer has already received the goods set out in the Order, the Customer must ensure that the non-perishable or soon-to-expire goods (e.g. pre-packaged products) in respect of which the right of withdrawal is exercised are returned to the Partner in unaltered condition when cancelling the Order. The Customer shall be liable for any depreciation of the value of the goods included in the Order in respect of which the right of withdrawal is exercised. The Customer may not exercise the right of withdrawal in respect of goods included in the Order which are perishable or about to expire, such as food prepared by the Partner in accordance with the Order.
8. RECEIPT OF ORDER
8.1 The Partner shall execute the Order at the Sales Point specified in the Order within the estimated time of execution of the Order approved by the Partner. The Customer may check the status and availability of the Order at the Sales Point on GETIFY. The time set for the execution of the Order is the estimated time and may vary within 15 (fifteen) minutes from the estimated time for the execution of the Order. The Customer shall receive a separate confirmation from GETIFY when the Order has been fulfilled and the Goods are available for collection at the Partner's Sales Point.
8.2 The Partner shall deliver the Goods to the Customer or to any other person specified by the Customer at the Sales Point and in the manner specified in the Order. The Customer or the person designated by the Customer shall provide proof of identity as requested by the Partner, e.g. presentation of the Order confirmation in GETIFY, presentation of a personal identification document.
8.3. If the Customer is more than 15 minutes late in receiving the Goods, the Customer shall contact the Partner and inform the Partner of the scheduled time of receipt of the Goods. If the Customer has not received the Goods within 15 (fifteen) minutes after the time of actual execution of the Order as notified by GETIFY and has not informed the Partner of the Customer's delay in collecting the Order by agreeing with the Partner the time of execution of the Order, the Partner shall retain the Goods for delivery to the Customer until 30 (thirty) minutes after the time of actual execution of the Order but no longer than until the end of business hours of the Partner's Sales Point. After 30 (thirty) minutes after the actual time of execution of the Order, but no later than after the closing time of the Partner's outlet, the Partner shall dispose of the goods contained in the Order, the Customer shall lose the right to receive them and the Customer shall not be refunded the price paid for the Order.
9. CLIENT LIABILITY
9.1 The Customer shall ensure that from the conclusion of the Order until the execution of the Order the Customer answers calls to the telephone number identifying the Customer and that GOOSE and/or the Partner is able to clarify directly with the Customer information relevant to the execution of the Order.
9.2 The Client shall ensure that the Client Information entered into GETIFY is accurate, complete and updated by the Client as Client Data changes.
9.3. The Customer shall not include in the Request goods which the Customer or the person indicated by the Customer is not entitled to purchase in accordance with the laws and regulations in force in the Republic of Latvia (for example, alcoholic beverages, energy drinks, etc.). The Partner shall have the right, when issuing the goods, to verify in person the compliance of the Customer and the person indicated by the Customer with the requirements for the purchase of the goods included in the Order. If the Customer or the person indicated by the Customer is unable to prove compliance with the requirements set forth in the laws and regulations by presenting the Partner with a valid identity card or passport, then the Partner shall have the right not to issue the Customer with the goods included in the Order. If the Partner has exercised this right and has failed to issue the goods because the Customer or a person designated by the Customer has failed to certify compliance with applicable laws and regulations, the Customer shall be refunded for the goods not issued, unless the goods have been prepared for consumption (e.g. the beverage has been removed from its sales packaging and put into a container for consumption).
9.4 The Customer may use GFETIFY only for personal (non-commercial) purposes and only for the intended use of GFETIFY, i.e. to place and receive Orders from Partners and to pay for Orders. The Customer shall not use GETIFY for any unlawful activity. If GOOSE suspects any unlawful use of GETIFY, GOOSE may report it to law enforcement authorities.
9.5 The Customer shall not have the right to inspect, copy, modify, decompile, interfere with the source code of the GETIFY software in any way. The Customer shall be liable for all damages, including lost (lost) profits, incurred by GOOSE as a result of the Customer's failure to comply with the Terms or use of GETIFY for purposes and activities not necessary for the conclusion and performance of the Order.
9.6. The Customer is solely responsible for the payment card and payment card data provided to GETIFY. If the Customer's payment card whose details have been entered into GETIFY is lost, damaged, stolen or the Customer suspects that the payment card entered into GETIFY is being used for fraudulent purposes, the Customer shall immediately notify GOOSE via GETIFY or otherwise. GOOSE will suspend further use of the payment card in GETIFY and the Customer's account in GETIFY immediately upon receipt of information from the Customer that the payment card has been suspended in GETIFY. Until such notice is received, GOOSE shall not be liable for any payments made to GETIFY using the Customer's payment card and GOOSE shall not be obliged to indemnify the Customer for any loss incurred or to refund any monies paid to GETIFY using the Customer's payment card.
9.7 The Customer shall notify GOOSE via GETIFY or by contacting GOOSE if the Customer stops using his telephone number. Upon receipt of the notification, GOOSE will anonymise the Customer Data in GETIFY so that the person who will be using GETIFY with the Customer's telephone number will not have access to the Customer Data that was accumulated when the Customer used GETIFY with that telephone number. Until the Customer has notified GOOSE that the Customer's use of the telephone number registered with GETIFY has ceased, the user of the telephone number, as the Customer identified by that telephone number, shall have visibility of the Customer Data in GETIFY.
9.8. The Client shall not have the right to assign claims arising from the Order or from other transactions entered into by the Client through GETIFY.
10. CUSTOMER COMPLAINTS AND CLAIMS
10.1 The Customer shall inspect the Goods ordered upon receipt to ensure that they comply with the Order.
10.2 The Customer shall complain directly to the Partner about any non-compliance without using GETIFY. The Customer shall submit a complaint about the execution of an Order as soon as possible after the circumstances giving rise to the complaint have been established, but no later than 3 days after the date of execution of the Order.
10.3 Visual differences between the Goods and the image shown in the GETIFY App shall not be deemed to be a failure to comply with the Order.
10.4. The Customer shall specify in the complaint all circumstances that justify the complaint and are relevant for the assessment of the complaint, including in the case of a lack of quality of the Goods (food is not ready, is burnt, spoiled, has unnecessary items, etc.) a photo confirming the circumstances stated in the complaint, if the fact can be recorded by taking a photo.
10.5 GETIFY shall become involved in the complaint process in cases where the Client and the Partner have reached an agreement on the refund and one of them informs GETIFY thereof, or if the Client fails to contact the Partner. GETIFY undertakes to refund the Client within 1 working day of being informed of the need to refund.
10.6 GOOSE shall not be liable for the quality of the goods delivered by the Partner or for any defects in the performance of the Order. GOOSE shall only act as an intermediary in the conclusion of the Order and settlement of the Order with the Partner.
11. GETIFY DEVELOPMENT
11.1 The Client does not object to the possibility of temporary interruptions in the use of GETIFY, technical interruptions, connection errors, slowdowns in data exchange, temporary suspension of the Client's account, access interruptions, unavailability of GETIFY, which may occur due to improvements or technical defects in GETIFY or for other reasons.
11.2 GOOSE shall not be liable for any consequences arising from the Customer's use of GETIFY, including for any technical reasons, and shall not be liable for the absence of any defects in GETIFY. The Customer agrees to use GETIFY in the manner and form in which it is provided and shall be solely responsible for any consequences arising from the Customer's use of GETIFY. To the fullest extent possible under applicable law, Customer waives any claims against GOOSE based on interruptions or failures of GETIFY or errors in the operation of GETIFY.
11.3 The Customer agrees that the appearance and functions of GETIFY may be changed.
11.4 GOOSE reserves the right to change the range of Partners and Goods available on GETIFY by adding, replacing or removing them from GETIFY.
12. PROCESSING OF CUSTOMER DATA
12.1. The processing of Customer Data for the purposes of using GETIFY is carried out in accordance with the Privacy Policy available to the Customer on getify.eu and GETIFY.
12.2. The collection and processing of Customer Data is carried out for the purposes of the provision of the GOOSE Service and for the fulfilment of the Customer's Order.
13. TERMINATION OF THE LEGAL RELATIONSHIP BETWEEN THE CLIENT AND GOOSE
13.1 The Customer shall have the right to delete GETIFY on his/her smart device/phone at any time if there is no valid Order which the Partner is fulfilling.
13.2. The Client has the right to request GOOSE to close the Client's Account.
13.3. GOOSE has the right to deactivate and close the Customer's Account if it has not been used for more than 6 (six) months.
13.4 GOOSE shall have the right at any time to restrict or deny the Customer's access to GETIFY, suspend, refuse, cancel or terminate the Customer's account with GETIFY, including in the event that:
13.4.1. GOOSE suspects misuse of GETIFY by the Client (including in connection with Partner messages) or where the Client's Account is used for illegal or fraudulent activities;
13.4.2. GOOSE has reasonable grounds to suspect that the Customer Account has been created without the intention of using it to place Orders;
13.4.3.the Customer cannot be contacted using the telephone number which is the unique identifier of the Customer's account;
13.4.4. The Client has not accepted the new version of these Terms and Conditions within 14 days after it has been notified to the Client by GETIFY;
13.4.5. The Customer fails to comply with these Terms;
13.4.6. The Customer places fraudulent Orders with GETIFY without payment of the Orders;
14. APPLICABLE LEGAL PROVISIONS
14.1. All legal relations arising out of or resulting from the use of GETIFY by the Client shall be governed by the laws and regulations in force in the Republic of Latvia. All disputes shall be resolved by applying the laws of the Republic of Latvia and shall be subject to the jurisdiction of the courts of the Republic of Latvia, except for special dispute resolution and jurisdiction regulations applicable to the Customer as a consumer.
1. DEFINITIONS USED
GOOSE
SIA "GOOSE", registration No. 40203254599 legal address: 1-10 Vilandes Street, Riga, LV-1010.
Partner
the person whose goods are sold to the Customer through GETIFY.
Client
a person who purchases a Partner Service using the GETIFY App.
Goods
The goods included in the Partner's service that the Customer may order, according to the offer specified by GETIFY.
Order
the agreement between the Customer and the Partner on the purchase of the Goods via the GETIFY App.
Order price
The price, inclusive of VAT, at which the Partner sells goods to Customers through GETIFY within one Order.
Request
a request from the Customer to the Partner to sell and deliver certain Goods to the Customer created in the GETIFY App
GETIFY
a digital application owned by GOOSE through which the Customer can place an Order.
Sales Point
the place where the Partner delivers the Goods to the Customer in accordance with the Order.
Terms
Terms and conditions of GETIFY services.
2. APPLICATION OF THE TERMS
2.1 These Terms apply to and govern the relationship between GOOSE and the Customer in connection with the use of the GETIFY App. The Terms are available to the Customer on getify.eu and GETIFY.
2.2. Registration for GETIFY and receipt of services through GETIFY shall be deemed to constitute the Customer's acceptance of these Terms.
2.3 By registering with GETIFY, the Customer confirms that he/she is at least 18 years of age and agrees that GOOSE shall process the Customer's personal data entered into GETIFY and disclosed while using GETIFY to receive the Services in accordance with these Terms and the Privacy Policy. The Privacy Policy is available to the Customer on getify.eu and GETIFY.
2.4 GOOSE may amend the Terms without prior notice to the Customer. The amended Terms shall become binding on the Customer upon their publication on GETIFY and getify.eu, unless the amended Terms provide for a different effective date. If the Customer continues to use GETIFY, the Customer shall be deemed to have accepted the amended Terms. GOOSE may require the Customer to agree to changes to the Terms as a condition of continued use of GETIFY and may deny the Customer access to GETIFY in whole or in part if the Customer has not agreed to changes to the Terms.
3. GETIFY USE
3.1. The Customer shall register with GETIFY by completing the registration steps on GETIFY, including providing the requested information. The Customer's mobile telephone number shall be used as the unique identifier of the Customer's GETIFY User Account. Only one Customer Account may be created per mobile phone number.
3.2. By registering for GETIFY, the Customer confirms a freely expressed, unambiguous, express intention to use GETIFY in accordance with the Terms and agrees to be bound by the Terms. The Terms shall be binding and applicable in connection with all activities performed by the Customer on GETIFY, including each Order, payment, confirmation, photo download, etc.
3.3 GOOSE retains all intellectual property rights in GETIFY and all rights not expressly granted to the Customer. GOOSE shall have the right to deny the Customer the right to access GETIFY and to terminate the Customer's account in the circumstances set out in these Terms.
3.4 GOOSE shall provide a service to the Customer to place Orders with the Partner through GETIFY and to pay the Partner for the Order. The Partner shall be solely responsible for the execution of the Order. An Order between the Customer and the Partner shall be deemed to be concluded when the Partner has confirmed the Customer's Request via GETIFY and the Customer has paid for the Order.
3.5. The Order shall create an obligation between the Client and the Partner. GOOSE acts as an intermediary in the conclusion of the Order. GOOSE shall not be liable for the performance of the Partner's Order by the Customer or the Partner.
3.6 GOOSE shall not be liable for the quality or adequacy of the goods supplied by the Partner, shortages, inadequate quality of the goods, adverse effects, including any allergic reactions or other health problems and damages suffered by the Customer or third parties as a result of using the goods or services of the Partner.
4. PLACING AN ORDER USING GETIFY
4.1 The Customer may select a Partner through GETIFY and offer to enter into an Order with that Partner for the Goods that the Partner offers to buy when making a Request. The images of the Goods are not binding on GOOSE, the Partner or the Customer. The appearance of the Goods delivered may differ from their appearance in the images.
4.2. In the Request, the Customer shall also specify the method of execution of the Order and the Partner's Sales Point where the Order is to be executed, choosing from the options offered by GETIFY:
4.2.1. handing over the goods to the Customer at the Customer's vehicle outside the premises, in the area at the entrance to the Sales Point, or
4.2.2. transfer of the goods to the Customer at the Partner's Sales Point, or
4.2.3. handing over the goods to the Customer at the Sales Point at the table.
4.3 At the time of making a Request, GETIFY shall provide information on the estimated time of execution of the Request at the relevant Sales Point. The Client has the option to select the latest time for receiving the Request.
4.4. The Customer shall indicate in the Request whether the goods will be received by the Customer or by another person whose details (name, surname and vehicle number) the Customer shall specify in the Request.
4.5 An Order shall be deemed to be concluded and accepted for execution by the Partner when the Partner has confirmed the Customer's GETIFY Request, including the time of execution of the Request. If the Partner is unable to execute the Customer's Request as prepared by the Customer, the Partner shall not confirm the Request. If the Partner is unable to fulfil part of the Request, then the Partner shall be entitled to inform the Customer indicating which item is unavailable. If the Customer amends the Request accordingly, the Partner shall approve the amended Request.
4.6 If the Partner has not approved the GETIFY Request, the Request will be cancelled.
4.7 The Customer shall have the option to specify the Customer's special requirements for the preparation of the Goods in the Request. The Partner will use its best endeavours and, to the extent possible, will comply with the Customer's special instructions in the preparation of the Goods contained in the Request, but does not guarantee compliance with such special instructions. If it is not possible for the Partner to comply with the Customer's instructions in preparing the Goods, the Partner may inform the Customer before confirming the Request or reject the Request.
4.8 The Customer shall independently familiarise itself with the composition of the Goods as set out in the GETIFY before making a Request. Neither GOOSE nor the Partner shall be responsible for the Customer's reaction to the Goods, including if the Customer has an allergic reaction and the Goods contain ingredients that cause the Customer's allergy. The Customer shall contact the Partner for information on the ingredients of the Goods, including allergens, prior to making a Request and shall only make a Request if it has received information satisfactory to the Customer from the Partner. By submitting a Request to GETIFY, the Customer confirms that the Customer has obtained from the Partner all information of interest to the Customer regarding the ingredients of the Goods, including allergens, where the Customer has required additional information or the Customer is familiar with the composition of the Goods and the Customer has not needed to obtain additional information from the Partner.
4.9 The Order is concluded when the Partner has accepted the Request. The Partner shall execute the Order when the Customer has paid the Order Price to GETIFY. If the Customer has not paid for any Order, it shall be cancelled.
5. PAYMENT FOR THE ORDER
5.1 GOOSE acts as an intermediary in the conclusion and settlement of the Order between the Customer and the Partner.
5.2. The Customer shall pay the Order Price using the payment options offered by GETIFY. The Customer authorises the use of the Customer's payment card provided by the Customer to GETIFY, as well as Google Pay or Apple Pay if they are added as payment means. Payment for the Order is not accepted in cash.
5.3 GETIFY uses the payment service provider STRIPE to process the Client's payments. By providing payment card details to GETIFY or adding Google Pay or Apple Pay, the Customer agrees to the processing of the Customer's data for the purpose of receiving the services provided by the Partner and GOOSE. The Customer agrees that the Customer's payment card, Google Pay or Apple Pay account shall be used to process and make payments for the Customer's Orders placed using GETIFY. The Customer shall independently update the payment card, Google Pay or Apple Pay details in GETIFY if they have changed or if the Customer wishes to make payment for an Order from another payment card.
5.4. Upon the conclusion of an Order, the Customer shall make payment to GETIFY in the amount of the Order Price. All payments authorised by the Customer will be charged to the account linked to the Customer's payment card.
5.5 GOOSE shall collect all payments from the Client on behalf of the Partner. A payment shall be deemed to have been made when it has been confirmed by GETIFY and the amount of the Order has been received in GOOSE's current account.
5.6. If the Order price is not paid, the Order shall be cancelled and the Customer shall be notified thereof by GETIFY.
6. GETIFY CREDITS AND DISCOUNT CODES
6.1 Any credits and discount codes granted to the Customer by GOOSE entitle the Customer to a discount on the price of the Order in the amount of the relevant monies. Details of the amount of the discount and the conditions of its application to the Order are set out in the GETIFY.
6.2. The Customer may receive credits as a promotional reward by inviting their eligible friends to register as new GETIFY Users. For each eligible referral, the Customer may receive GETIFY credits as specified in GETIFY. GOOSE has the right to terminate the awarding of credits at any time.
6.3 GOOSE shall be entitled to unilaterally establish and change the conditions relating to the granting, use and validity of credits and discounts.
6.4. Credits or discount codes cannot be exchanged for cash and/or non-cash currency.
6.5 Once expired, credits and discount codes are no longer valid and cannot be used for any Order.
6.6. GETIFY Credits or Discount Codes will be cancelled if GETIFY becomes aware of any misuse or suspected misuse of Credits or Discount Codes or if it is discovered that GETIFY Credits or Discount Codes have been wrongly allocated.
7. CHANGES TO THE ORDER AND RIGHT OF WITHDRAWAL
7.1. After the conclusion of the Order and payment of the Order Price, the Customer shall not be entitled to make any changes to the Order.
7.2. The Customer shall have the right to withdraw from the Order within 14 days from the date of the conclusion of the Order without giving any reasons. In order to exercise the right of withdrawal, the Customer must notify GETIFY or the Partner of the exercise of the right of withdrawal by means of an express notice in the form of a free form notice of withdrawal from the Order. If the Customer has already received the goods set out in the Order, the Customer must ensure that the non-perishable or soon-to-expire goods (e.g. pre-packaged products) in respect of which the right of withdrawal is exercised are returned to the Partner in unaltered condition when cancelling the Order. The Customer shall be liable for any depreciation of the value of the goods included in the Order in respect of which the right of withdrawal is exercised. The Customer may not exercise the right of withdrawal in respect of goods included in the Order which are perishable or about to expire, such as food prepared by the Partner in accordance with the Order.
8. RECEIPT OF ORDER
8.1 The Partner shall execute the Order at the Sales Point specified in the Order within the estimated time of execution of the Order approved by the Partner. The Customer may check the status and availability of the Order at the Sales Point on GETIFY. The time set for the execution of the Order is the estimated time and may vary within 15 (fifteen) minutes from the estimated time for the execution of the Order. The Customer shall receive a separate confirmation from GETIFY when the Order has been fulfilled and the Goods are available for collection at the Partner's Sales Point.
8.2 The Partner shall deliver the Goods to the Customer or to any other person specified by the Customer at the Sales Point and in the manner specified in the Order. The Customer or the person designated by the Customer shall provide proof of identity as requested by the Partner, e.g. presentation of the Order confirmation in GETIFY, presentation of a personal identification document.
8.3. If the Customer is more than 15 minutes late in receiving the Goods, the Customer shall contact the Partner and inform the Partner of the scheduled time of receipt of the Goods. If the Customer has not received the Goods within 15 (fifteen) minutes after the time of actual execution of the Order as notified by GETIFY and has not informed the Partner of the Customer's delay in collecting the Order by agreeing with the Partner the time of execution of the Order, the Partner shall retain the Goods for delivery to the Customer until 30 (thirty) minutes after the time of actual execution of the Order but no longer than until the end of business hours of the Partner's Sales Point. After 30 (thirty) minutes after the actual time of execution of the Order, but no later than after the closing time of the Partner's outlet, the Partner shall dispose of the goods contained in the Order, the Customer shall lose the right to receive them and the Customer shall not be refunded the price paid for the Order.
9. CLIENT LIABILITY
9.1 The Customer shall ensure that from the conclusion of the Order until the execution of the Order the Customer answers calls to the telephone number identifying the Customer and that GOOSE and/or the Partner is able to clarify directly with the Customer information relevant to the execution of the Order.
9.2 The Client shall ensure that the Client Information entered into GETIFY is accurate, complete and updated by the Client as Client Data changes.
9.3. The Customer shall not include in the Request goods which the Customer or the person indicated by the Customer is not entitled to purchase in accordance with the laws and regulations in force in the Republic of Latvia (for example, alcoholic beverages, energy drinks, etc.). The Partner shall have the right, when issuing the goods, to verify in person the compliance of the Customer and the person indicated by the Customer with the requirements for the purchase of the goods included in the Order. If the Customer or the person indicated by the Customer is unable to prove compliance with the requirements set forth in the laws and regulations by presenting the Partner with a valid identity card or passport, then the Partner shall have the right not to issue the Customer with the goods included in the Order. If the Partner has exercised this right and has failed to issue the goods because the Customer or a person designated by the Customer has failed to certify compliance with applicable laws and regulations, the Customer shall be refunded for the goods not issued, unless the goods have been prepared for consumption (e.g. the beverage has been removed from its sales packaging and put into a container for consumption).
9.4 The Customer may use GFETIFY only for personal (non-commercial) purposes and only for the intended use of GFETIFY, i.e. to place and receive Orders from Partners and to pay for Orders. The Customer shall not use GETIFY for any unlawful activity. If GOOSE suspects any unlawful use of GETIFY, GOOSE may report it to law enforcement authorities.
9.5 The Customer shall not have the right to inspect, copy, modify, decompile, interfere with the source code of the GETIFY software in any way. The Customer shall be liable for all damages, including lost (lost) profits, incurred by GOOSE as a result of the Customer's failure to comply with the Terms or use of GETIFY for purposes and activities not necessary for the conclusion and performance of the Order.
9.6. The Customer is solely responsible for the payment card and payment card data provided to GETIFY. If the Customer's payment card whose details have been entered into GETIFY is lost, damaged, stolen or the Customer suspects that the payment card entered into GETIFY is being used for fraudulent purposes, the Customer shall immediately notify GOOSE via GETIFY or otherwise. GOOSE will suspend further use of the payment card in GETIFY and the Customer's account in GETIFY immediately upon receipt of information from the Customer that the payment card has been suspended in GETIFY. Until such notice is received, GOOSE shall not be liable for any payments made to GETIFY using the Customer's payment card and GOOSE shall not be obliged to indemnify the Customer for any loss incurred or to refund any monies paid to GETIFY using the Customer's payment card.
9.7 The Customer shall notify GOOSE via GETIFY or by contacting GOOSE if the Customer stops using his telephone number. Upon receipt of the notification, GOOSE will anonymise the Customer Data in GETIFY so that the person who will be using GETIFY with the Customer's telephone number will not have access to the Customer Data that was accumulated when the Customer used GETIFY with that telephone number. Until the Customer has notified GOOSE that the Customer's use of the telephone number registered with GETIFY has ceased, the user of the telephone number, as the Customer identified by that telephone number, shall have visibility of the Customer Data in GETIFY.
9.8. The Client shall not have the right to assign claims arising from the Order or from other transactions entered into by the Client through GETIFY.
10. CUSTOMER COMPLAINTS AND CLAIMS
10.1 The Customer shall inspect the Goods ordered upon receipt to ensure that they comply with the Order.
10.2 The Customer shall complain directly to the Partner about any non-compliance without using GETIFY. The Customer shall submit a complaint about the execution of an Order as soon as possible after the circumstances giving rise to the complaint have been established, but no later than 3 days after the date of execution of the Order.
10.3 Visual differences between the Goods and the image shown in the GETIFY App shall not be deemed to be a failure to comply with the Order.
10.4. The Customer shall specify in the complaint all circumstances that justify the complaint and are relevant for the assessment of the complaint, including in the case of a lack of quality of the Goods (food is not ready, is burnt, spoiled, has unnecessary items, etc.) a photo confirming the circumstances stated in the complaint, if the fact can be recorded by taking a photo.
10.5 GETIFY shall become involved in the complaint process in cases where the Client and the Partner have reached an agreement on the refund and one of them informs GETIFY thereof, or if the Client fails to contact the Partner. GETIFY undertakes to refund the Client within 1 working day of being informed of the need to refund.
10.6 GOOSE shall not be liable for the quality of the goods delivered by the Partner or for any defects in the performance of the Order. GOOSE shall only act as an intermediary in the conclusion of the Order and settlement of the Order with the Partner.
11. GETIFY DEVELOPMENT
11.1 The Client does not object to the possibility of temporary interruptions in the use of GETIFY, technical interruptions, connection errors, slowdowns in data exchange, temporary suspension of the Client's account, access interruptions, unavailability of GETIFY, which may occur due to improvements or technical defects in GETIFY or for other reasons.
11.2 GOOSE shall not be liable for any consequences arising from the Customer's use of GETIFY, including for any technical reasons, and shall not be liable for the absence of any defects in GETIFY. The Customer agrees to use GETIFY in the manner and form in which it is provided and shall be solely responsible for any consequences arising from the Customer's use of GETIFY. To the fullest extent possible under applicable law, Customer waives any claims against GOOSE based on interruptions or failures of GETIFY or errors in the operation of GETIFY.
11.3 The Customer agrees that the appearance and functions of GETIFY may be changed.
11.4 GOOSE reserves the right to change the range of Partners and Goods available on GETIFY by adding, replacing or removing them from GETIFY.
12. PROCESSING OF CUSTOMER DATA
12.1. The processing of Customer Data for the purposes of using GETIFY is carried out in accordance with the Privacy Policy available to the Customer on getify.eu and GETIFY.
12.2. The collection and processing of Customer Data is carried out for the purposes of the provision of the GOOSE Service and for the fulfilment of the Customer's Order.
13. TERMINATION OF THE LEGAL RELATIONSHIP BETWEEN THE CLIENT AND GOOSE
13.1 The Customer shall have the right to delete GETIFY on his/her smart device/phone at any time if there is no valid Order which the Partner is fulfilling.
13.2. The Client has the right to request GOOSE to close the Client's Account.
13.3. GOOSE has the right to deactivate and close the Customer's Account if it has not been used for more than 6 (six) months.
13.4 GOOSE shall have the right at any time to restrict or deny the Customer's access to GETIFY, suspend, refuse, cancel or terminate the Customer's account with GETIFY, including in the event that:
13.4.1. GOOSE suspects misuse of GETIFY by the Client (including in connection with Partner messages) or where the Client's Account is used for illegal or fraudulent activities;
13.4.2. GOOSE has reasonable grounds to suspect that the Customer Account has been created without the intention of using it to place Orders;
13.4.3.the Customer cannot be contacted using the telephone number which is the unique identifier of the Customer's account;
13.4.4. The Client has not accepted the new version of these Terms and Conditions within 14 days after it has been notified to the Client by GETIFY;
13.4.5. The Customer fails to comply with these Terms;
13.4.6. The Customer places fraudulent Orders with GETIFY without payment of the Orders;
14. APPLICABLE LEGAL PROVISIONS
14.1. All legal relations arising out of or resulting from the use of GETIFY by the Client shall be governed by the laws and regulations in force in the Republic of Latvia. All disputes shall be resolved by applying the laws of the Republic of Latvia and shall be subject to the jurisdiction of the courts of the Republic of Latvia, except for special dispute resolution and jurisdiction regulations applicable to the Customer as a consumer.