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Geschäftsbedingungen
User Agreement Terms and Conditions VEVEZ users, VEVEZ CO. They accept and undertake that they will comply with these "User Agreement Terms and Conditions" created by the UK company, its subsidiaries and partners (hereinafter all referred to as "VEVEZ"). VEVEZ CO. UK is a company Chester registered 3 Grange Road CH2 2AN in the city of England with its company number and its office 14537295 is located at its address. For your questions, you can contact us at info@vevez.com. From now on, in this agreement, the expressions "you", "your" will represent the users, and the expressions "we", "us" will represent VEVEZ. The terms “this agreement” “this agreement” shall represent the “User Agreement Terms and Conditions”. "Third Party Providers" are independent third parties and include, but are not limited to, independent restaurants, cafes, bars and similar gastronomic businesses that use the VEVEZ mobile application and/or website services, delivery partners, logistics providers, payment providers and/or includes other service providers under an agreement. “Third Party Services” include, but are not limited to, food, catering, beverage, service, delivery, logistics and retail trade services and goods provided to you by independent Third-Party Providers. 1.Confirmation of the contract 1.1. This agreement sets out the terms and conditions for you to access the VEVEZ mobile application and www.vevez.com website. Please read these User Agreement Terms and Conditions carefully. When you order products and/or services through VEVEZ (both now and in the future), you agree to be bound by these terms and conditions. Use of the website is also subject to these terms and conditions. 1.2. VEVEZ reserves the right to make changes to the terms of this agreement. In case of changes to the User Agreement Terms and Conditions, the latest updates will be announced via the VEVEZ mobile application. Your continued use of VEVEZ services after the update will mean that you accept the updated terms. You will be subject to the policies, terms and conditions in effect at the time you place your order through VEVEZ. 1.3. When opening a user account at VEVEZ you must confirm that you accept these terms and conditions. If you do not accept the terms and conditions, you cannot use the services offered to you. 1.4. You can access some areas of the VEVEZ mobile application without registering by opening a user account. 1.5. With respect to Third Party Services, you are contracting directly with Third Party Providers. VEVEZ acts as an intermediary technology platform that allows you to request and receive these services. With respect to services created by Third Party Providers using VEVEZ's website/application, VEVEZ, in its capacity as a request maker, ensures that requests are properly fulfilled under the conditions set out in these terms. 1.6. Third Party Providers (for Third Party Services) and VEVEZ (for Services Provided by VEVEZ) are free to decide whether to accept or reject a request. 1.7. For some Third-Party Services, you may be required to agree to different terms and conditions before using such Third-Party Services. 1.8. You may be asked to evaluate the Third-Party Provider whose services you request. The Third-Party Provider and other users see the average results of these reviews in the VEVEZ mobile application, and these reviews may influence users' decision to receive services from the Third-Party Provider. 2.Conditions 2.1. VEVEZ services are available only to registered users of VEVEZ and not to the public. 2.2. Your ability to view and purchase services that VEVEZ provides to you from Third Parties does not make VEVEZ the provider of these services. Third parties are independent companies and are in no way actual, apparent or apparent representatives or employees of VEVEZ. 2.3. The systems, mechanisms, features, policies, standards and similar efforts that VEVEZ provides to facilitate your receipt of Third-Party Services and/or for the benefit of safety and security are not indicative of. employment or agency relationship of any kind with a third party. 2.4. The Services are provided on an “as is” and “as available” basis. VEVEZ disclaims all warranties, whether express, implied or implied, not expressly stated in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, VEVEZ does not make any representations, warranties or guarantees regarding the reliability, timeliness, quality, suitability or availability of the services or goods requested using the services or that the services will be uninterrupted or error-free. 2.5. VEVEZ, does not guarantee the quality, suitability, security or adequacy of Third-Party Providers and Third-Party Services. You agree that you bear sole responsibility for and risk arising from your use of the Services and any services or goods requested or obtained from Third Party Providers in connection therewith, to the fullest extent permitted by applicable law. 2.6. VEVEZ does not control, manage or direct Third Party Providers. Third Party Providers are not actual, apparent or apparent agents or employees of VEVEZ. If a dispute arises between you or any other third party, you release VEVEZ from losses of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes. 2.7. VEVEZ does not control, approve or accept responsibility for user content or third-party content found in, created by or in connection with the services. VEVEZ, cannot and does not represent or warrant that the services are free of viruses or other harmful components. 2.8. VEVEZ's use of algorithms to provide services or to improve the experience of its users and the security of the services does not constitute a warranty of any kind, express or implied. 3. Limitation of Liability 3.1. VEVEZ shall not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, loss of data, personal injury, death or property damage, whether in connection with the use of any of its services or otherwise. is not liable regardless of its negligence (active, positive, single or concurrent), even if it has been informed of the possibility of such damages. 3.2. VEVEZ, is not liable for any damages, liabilities or losses arising from: 3.2.1. Your use of or reliance on the services or your inability to access or use the services. 3.2.2. Any transaction or relationship between you and any Third Party Provider. 3.3. VEVEZ, shall not be liable for any delay or failure to perform due to causes beyond its reasonable control. 3.4. You acknowledge that the transportation services offered by some Third-Party Providers through VEVEZ may not be professional or licensed or permitted. 3.5. The Services may be used to request or schedule services, goods or logistics services from Third Party Providers. However, you acknowledge and agree that VEVEZ has no responsibility or liability to you for any services, goods or logistics services provided or not provided to you by Third Party Providers other than those expressly stated in these terms. 3.6. The limitations and disclaimers in this section are not meant to modify your rights or modify liability as a consumer that cannot be excluded under applicable law. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, VEVEZ's liability shall be limited to the fullest extent permitted by law. This provision will have no effect on VEVEZ's choice of law provision. 4.Compensation 4.1. You indemnify and hold VEVEZ and its affiliates, and their officers, officers, directors, employees, agents and representatives, harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages and expenses (including attorneys' fees) arising out of or in connection with: You agree to indemnify and hold harmless: 1) any services or goods obtained through your use of the Services; 2) your violation of any of these terms; 3) VEVEZ's use of your user information (content); 4) Your violation of the rights of any third party, including Third Party Providers 5.License and Purpose of Use 5.1. Subject to your compliance with the terms of this agreement, you are granted a personal, universal, non-exclusive, we grant you a non-transferable, revocable, non-sublicensable license. All rights not expressly granted herein are reserved by VEVEZ and VEVEZ's licensors. 5.2. All transactions you carry out using the services offered by VEVEZ through the mobile application and/or website are for personal use only, you will not use VEVEZ for commercial purposes or for any purpose not permitted by the conditions, you will comply with all relevant laws, rules and regulations and you will not violate the rights of third parties. You accept, declare and undertake that you will not. 6.Membership and Use of Services 6.1. The VEVEZ mobile application and/or website can be downloaded or accessed from most modern mobile devices with an internet connection and popular operating systems such as Android or iOS. You cannot claim compensation from VEVEZ due to problems that may occur on your computer, tablet or smart devices and damages that you may incur while using VEVEZ services. 6.2. VEVEZ asks you for permission to access your location during the installation phase so that you can benefit from the technological services it can provide using your location. If you do not give consent, you cannot access some of the services that VEVEZ will offer. 6.3. You are responsible for obtaining the necessary network access to use the VEVEZ mobile application and/or website Services and for any fees and tariffs charged from your mobile network provider, including data consumption, when using the VEVEZ mobile application and/or website Services. You are responsible for access to compatible devices and operating systems necessary to use the VEVEZ mobile application and/or website Services, including software or hardware updates. 6.4. To register and place an order to a Third-Party Provider with the VEVEZ mobile application, you must provide certain personal information, including first name, last name phone number and email address. To use the VEVEZ mobile application and/or website Services, VEVEZ Provided Services, or certain Third-Party Services, at least one valid payment method (credit card, debit card, or other accepted payment method) must be provided. You may be required to provide your address and additional information before using some Services Provided by VEVEZ or Third-Party Services. 6.5. The use of services, obligations, fees and payment under the terms of this contract shall be subject to VEVEZ in the event of a suspected violation of your obligations stipulated in the intellectual property clauses, including in cases where we have received a complaint regarding fraud, if it does not exceed the period necessary to verify information regarding the alleged violation of such obligations. We may temporarily restrict your access and use of the mobile application and/or website Services. There may be situations where we cannot provide you with information while an investigation is ongoing (by us and/or a third party such as the police). 7.Intellectual Property 7.1. All rights not expressly granted in these terms and conditions are reserved. All data collected and/or purchased externally through VEVEZ mobile application and/or website Services, devices and VEVEZ's mobile application and/or website (including intellectual and industrial property rights in all the above) belong to VEVEZ or is and remains the property of its licensors. You may not, and you may not allow any other party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer or lease any portion of the VEVEZ mobile application and/or website; (b) you may not reverse engineer or attempt to obtain the source code of the VEVEZ mobile application and/or website, except as permitted by law; (c) you may not launch or cause to be launched any program or script intended to scrape, index, mine or otherwise data mine any portion of the VEVEZ mobile application and/or website or data ; (d) use, display or manipulate the VEVEZ Names, Marks or Works for any purpose other than using the VEVEZ mobile application and/or services; (e) any (i) business, (ii) URL, (iii) domain name, (iv) software application name that contains the VEVEZ Names, Marks or Works or any mark, name, title or work that is confusing or substantially similar or title or (v) create or register a social media handle or profile; (f) use VEVEZ Names, Trademarks or Works as your social media profile picture or wallpaper; (g) purchasing keywords (including but not limited to Google AdWords) containing any VEVEZ Name, Trademark or Works; or (h) use the Names, Marks, or Works of VEVEZ or any confusing or substantially similar name, mark, title, or work for any purpose, whether alone or with other letters, punctuation marks, except as permitted in the limited license granted above. , register, reference, use, copy and/or claim ownership in any way, including words, symbols, designs and/or any creative work. 7.2. With this information, VEVEZ can prepare reports containing demographic information without disclosing personal data, use such information, statistics or reports itself and/or share it with business partners and third parties, with or without a fee. 8.Your obligations 8.1. You must provide accurate and complete information when opening a user account and using VEVEZ mobile application and/or website Services. You undertake, declare and accept that you are solely responsible for any damages to you or third parties arising from the incomplete or incorrect information registered with VEVEZ and/or failure to ensure your password security, and for all transactions carried out using your membership information/profile registered with VEVEZ. VEVEZ accepts absolutely no responsibility in cases where information, messages, documents or services are lost, sent incompletely, delivered to the wrong address or service is not provided due to the address, telephone, email address and similar information you have entered incompletely or incorrectly on the VEVEZ Application and/or incorrect marking on the map. 8.2. Your account is personal to you. It cannot be licensed or shared. Once you create an account, you may not open more than one account unless we agree otherwise in writing. You cannot allow third parties to use your account or transfer your account to a third party. You must keep your account information accurate, complete and up to date. You must not disclose your confidential login information and must notify us immediately if you have reason to believe that someone else knows your username or password or if you suspect someone else is using your account. 8.3. Any liability that may arise as a result of the provision of Third-Party Services requested through your account or Services Provided by VEVEZ, except where access to and use of your account is due to force majeure, the action of a third party in the nature of force majeure (e.g., hacking) or VEVEZ's failure to comply with its security obligation. You will be responsible for paying any fees or charges. In the event of a payment card theft or theft of banking information, you must immediately notify your banking institution so that the necessary steps can be taken. 8.4. If you have a specific allergy or intolerance, you must contact the Third-Party Provider directly to check whether the Product is suitable for you before placing your order. If you have allergies or intolerances, please contact the Third-Party Provider directly. 8.5. VEVEZ is not responsible in any way if the meals you order do not meet your dietary, restrictions or other requirements or standards. 8.6. You represent, warrant and agree that any violations of food safety and standards law and applicable rules and regulations are solely the responsibility of Third-Party Providers, brand owners or manufacturers. 8.7. You are at least 18 years old and/or over 18 years of age, or you are a person who is legally free from parental control/custody, and you have full authority before the law to accept, approve, comply with the articles, obligations and statements contained in the terms and conditions and to be bound by these conditions. You declare, undertake and agree that you have the legal capacity to do so. 8.8. It is strictly prohibited for any person under the minimum legal age to purchase or attempt to purchase alcohol, tobacco products and other age-restricted products (Age Restricted Products), or to purchase or attempt to purchase Age Restricted Products on behalf of any person under the minimum legal age. You declare, undertake and accept that you are aware of the legal sanctions. 8.9. If your Order contains any Age Restricted Products, you will be required to provide proof of your age when collecting or delivering your Order. 8.10. If you cannot provide evidence that you meet the applicable minimum legal age requirement, or if VEVEZ has reason to believe that the Age Restricted Products you ordered were purchased on behalf of someone under the minimum legal age, you acknowledge and agree that your Order may not be picked up or delivered. 8.11. You may not purchase Age Restricted Products if you are or appear to be drunk, intoxicated or otherwise under the influence. 8.12. You declare, undertake and accept that you may not be able to purchase alcohol and tobacco products through VEVEZ, depending on the regulations and laws regarding the sale and presentation of alcoholic beverages and tobacco products. 8.13. To ensure that the usernames, nicknames, subject headings, photos, texts and messaging to be added to the VEVEZ mobile application comply with the rules of general morality, etiquette and law, do not contain political messages, are threatening, racist, fraudulent, unauthorized, infected, slanderous, encourage violence and discrimination. You will ensure that it does not contain imitation or copying, that is contrary to the law and international agreements, that violates the intellectual or industrial property rights of third parties, and that you will ensure that all publication, processing and reproduction, dissemination, representation, sign, sound related to the phrases, correspondence and photographs in question are not violated. You declare, undertake and accept that all financial rights determined by law and up to date, including the rights of transmission to the public through media and/or image transfer, transfer and assignment to third parties, have been transferred to VEVEZ. 8.14. You are responsible for the personal messages and expressions you share while using VEVEZ and the files and images you add to VEVEZ. VEVEZ accepts no responsibility for any problems this information may cause, including any disputes that may arise between you and Third-Party Providers. 8.15. When paying at the door, you must pay the previously notified fee for the service using the selected payment instrument. Otherwise, the product may not be delivered to you. 8.16. You declare, undertake and agree that you are aware of the use of cookies in VEVEZ. 8.17. VEVEZ may assign or transfer any of its rights or obligations under this agreement at any time to any of its affiliates or to any third party. Powers of VEVEZ 9.Access 9.1. Although we endeavor to ensure that VEVEZ is available twenty-four (24) hours a day, we undertake no obligation to do so and will not be liable to you if it is unavailable at any time or for any period. 9.2. We may temporarily suspend or completely stop operation and access to the VEVEZ system at any time without notice. We are not responsible for any financial or punitive losses, including reputational losses, incurred during periods when you do not have access to the service. 9.3. If we detect that there is a security doubt, we may temporarily suspend or completely stop your ability to make payments via the Online Payment Method. We have no liability to you or third parties for the temporary suspension or complete cessation of the use of the System or the Online Payment Method. 9.4. We may prevent you from obtaining a new password or using your existing passwords indefinitely. 9.5. We will always take the necessary care to ensure that services are provided on time, safely and without errors, that the results are accurate and reliable, and that the service quality meets expectations, but we do not undertake these. 9.6. Transmitting information over the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data in the application; Any transmission is at your own risk. 9.7. Sales generated using the VEVEZ mobile application are limited to the availability of Third-Party Providers' menus at the time of ordering. We cannot deliver to your products that are not available from the relevant Third-Party Provider. The display of products in the menus of Third-Party Providers in the VEVEZ mobile application does not mean that they are in stock. 9.8. We reserve the right to review and to remove or edit at any time any material posted, uploaded or transmitted to VEVEZ that we find to be infringing (but we assume no liability except where required by law). 9.9. User survey results are for informational purposes only and do not constitute recommendations by us. It reflects the opinions of users placing orders and any statements, advice or opinions provided by such persons are solely their own. We accept no responsibility or liability in this regard. 9.10. Images of food or other items displayed on the VEVEZ mobile application are provided as a design feature only. It may be an image of an item prepared or manufactured by the Third-Party Provider you choose to order, or it may be a design image generally representative of a Product. 9.11. We may revise services that require membership over time, include some services that did not require membership before, within the scope of membership, open additional services, change some services partially or completely or turn them into paid services. In this case, you reserve the right to terminate your contract and withdraw from membership. 9.12. To comply with technical obligations and legislation that may arise in the future, we may make changes in the application of this Agreement, change existing articles or add new articles, if this is not to your detriment. 9.13. Applicable laws require that some information or communications we send to you be in writing. When using the VEVEZ mobile application and/or website, you agree that communication with us will be primarily electronic. We may contact you via e-mail or provide you with information by posting notifications on the website or through the application. For contractual purposes, you represent, warrant and agree that these electronic means of communication and all agreements, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This does not affect your legal rights. We reserve all rights regarding your use of VEVEZ that are not expressly granted in this agreement. 10.Force Majeure We will not be liable for any failure to perform, or delay in performance of, any of our obligations under this agreement arising from events beyond our reasonable control (“Force Majeure”). Force Majeure includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes (without limitation): 10.1. Strikes, lockouts or other industrial action. 10.2. civil unrest, civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or epidemic, war (whether declared or not) or threat or preparation of war. 10.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 10.4. the impossibility of using railways, maritime transport, aircraft, motor vehicles or other public or private means of transport. 10.5. impossibility of using public or private telecommunication networks; And 10.6. laws, ordinances, regulations, regulations or restrictions of any government. 10.7. Our performance under this contract will be deemed to be suspended for the duration of any Force Majeure Event and we will have an extension period. 11.Order 11.1. VEVEZ provides a mechanism (platform) for you to submit your orders (“Order” or “Orders”) for Products (“Product” or “Products”) to Third Party Providers (“Business” or “Businesses”). You declare, undertake and accept that the legal contract regarding the purchase is between you and the Third-Party Provider to whom you place your Order, and that VEVEZ carries out and concludes the sale of the products in each case on behalf of these Third-Party Providers and as their representative. By clicking the order confirmation button, you unconditionally authorize VEVEZ to place an order on your behalf with your chosen Third-Party Provider. 11.2. Once you have selected the Products you wish to order from the Third-Party Provider and provided any other required information, you will be given the opportunity to submit your Order by clicking or selecting “continue”, “place my order” or “confirm my order”. It is important to check all the information you have entered and correct any errors before clicking or selecting this option. When you click or select Confirm My Order, you are entering into a contract with the third-party provider. After this stage, you will not be able to make changes with your own authority. 11.3. Once your Order has been submitted and your payment has been confirmed, you will not be entitled to change or cancel your Order or receive a refund. If you want to change or cancel your order, you can contact the Third-Party Provider providing the service via the VEVEZ mobile application. However, there is no guarantee that the Third-Party Provider will accept your requests as they may have already started processing your Order. 11.4. If any payment you make is not authorized/approved by the cardholder company, your order will not be processed or forwarded to the relevant Third-Party Provider. 11.5. Once we receive your Order, we will send it to the relevant Third-Party Provider and notify you that your Order has been received and is being processed. However, Third Party Providers have the right to refuse Orders for various reasons. 11.6. You represent, warrant and agree that if Third Party Providers provide their own delivery service to bring you the Product(s) you have ordered, they may charge you a delivery fee and VEVEZ will collect such fee on behalf of the third-party provider. 11.7. VEVEZ and/or the Third-Party Provider may refuse or cancel your order at any time due to the availability of the product or service in your order, the description or price of the product or service being incorrect, your order being incorrect, the existence of an unauthorized or illegal transaction being suspected, or for several other similar reasons. reserves the right. 11.8. When you order via the VEVEZ mobile application, you must pay online. 11.9. When you place an order, the total price may be rounded to the nearest two-digit fraction. You declare, undertake and agree that you will pay the fee that appears on the VEVEZ mobile application during your order. 12.Product Delivery 12.1 Estimated times for deliveries and collections are provided by Third Party Providers and are estimates only. We do not guarantee that orders will be delivered or ready for pickup within the estimated times. By choosing to have your Order delivered to you, you confirm that you will be at the delivery address you specified to collect the Order. If you are not at the delivery address when the order is delivered, your order will not be delivered to another address. In this case, you accept your legal obligations that will arise because you have placed an order to an address you do not have. Since the delivery of the order will be carried out by the Third-Party Provider, VEVEZ does not accept any responsibility for the methods and possibilities you will create by contacting the Third-Party Provider in cases where you are not at the delivery address. 12.2. For the avoidance of doubt, all orders received by VEVEZ via the mobile application are processed by VEVEZ in its capacity as agent of the relevant Third-Party Provider. 13.Payment and Fees 13.1. To purchase the products and services offered by VEVEZ, you must define a valid payment method (credit card, debit card or other permitted online payment systems). You agree not to disclose your account password at VEVEZ to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. 13.2. If your card is used unlawfully by someone other than you during online payments, action will be taken in accordance with the relevant laws and provisions. 13.3. For your orders that you pay online, the receipt/invoice against the order is issued by the Third-Party Provider that receives the order. 13.4. In your online order, VEVEZ is exclusively authorized by the Third-Party Provider to charge you for the products ordered on behalf of the Third-Party Provider. By making the payment to VEVEZ for your online orders, you will fulfill your payment obligation to the Third-Party Provider and VEVEZ. For orders placed with any approved payment method, including but not limited to credit card and debit card payment at the door, VEVEZ is exclusively authorized to collect the fees for the ordered products from you on behalf of the Third-Party Provider. 13.5. Prices are as stated in menus by Third Party Providers on the app and delivery costs (if you choose delivery rather than collection) and any administrative or service fees may be excluded by such third-party provider. The delivery charge and service fees applicable to your Order may vary depending on several factors, including your location, the Business you select and the value of the products in your Order. 13.6. Due to standard banking procedures, once you submit an Order paid for by credit or debit card and your payment is confirmed, your bank or card issuer will "secure" the entire amount of your Order (option). If your Order is subsequently rejected by the Business or canceled for a valid reason, your bank or card issuer will credit the amount of the Order back to your account. This period varies depending on your bank or card issuer. You undertake, represent and agree that neither we nor the relevant business will be responsible or liable to you for any delay in the transfer of funds back to your account by your bank or card issuer. 13.7. If you make a request through the VEVEZ mobile application, you agree to pay the applicable fees and you will be responsible for any fees or charges related to your account. 13.8. Unless otherwise agreed, all fees will be charged immediately upon request and payment will be processed by VEVEZ using the preferred payment method associated with your account. Fees include taxes. 13.9. The obligation to change the prices and product features of products and services offered for sale on VEVEZ belongs to the Third-Party Provider. If an error occurs in the price and product information, VEVEZ and/or the Third-Party Provider may cancel the order by informing you. VEVEZ is not responsible for any problems or damages that may occur due to incomplete and/or incorrect explanations made by member businesses regarding order contents. VEVEZ is in no way responsible for the content created by Third Party Providers. 13.10. VEVEZ does not guarantee the accuracy or completeness of any information, including prices, product images, descriptions, availability and services. VEVEZ may change the information and correct errors or omissions at any time without prior notice. 14.Customer Support 14.1. You have a messaging mechanism that allows you to communicate directly with the Third-Party Provider through the VEVEZ mobile application. If you want to change or cancel your order after you confirm your order and receive payment confirmation, you can contact the Third-Party Provider via the VEVEZ mobile application. 14.2. The legal contract for the supply and purchase of Products is between you and the Third-Party Provider from whom you place your Order. We have no control over the quality of Products or services created by Third Party Providers and have no responsibility or liability to provide you with any compensation. 15.Cancellation and Refund Refunds, limited to orders paid online, will only be made under the following conditions. 15.1. In case of forced cancellation of your order due to your address being outside the shipping area of the Third-Party Provider you have placed your order with. 15.2. In case of forced cancellation of the order due to failure to forward your order to the relevant Third-Party Provider. 15.3. In case your order cannot be prepared by the Third-Party Provider or the order is canceled upon your request even though the order has been prepared but the Third-Party Provider has approved the cancellation. 15.4. In case of forced cancellation of your order due to part or all your order being unavailable with the Third-Party Provider. 15.5. If you are not satisfied with the product you have ordered, the order is canceled after obtaining the approval of the relevant Third-Party Provider. 15.6, In case of delay in the delivery of the product you have ordered, cancellation is made upon the approval of the relevant Third-Party Provider. 15.7. In cancellation transactions, if the Third-Party Provider has issued a voucher or invoice and has been delivered to this user, you must return it to the relevant Third-Party Provider officer. 15.8. We reserve the right not to refund the fee due to some reasons that may arise from you (such as not being at home, providing incorrect address information, not receiving the order). 15.9. Please note that when we process refund requests, we may ask you to provide reasonable evidence (such as photographs) showing a reported problem with your Order. Additionally, and before processing any refund request, we may consider other relevant factors such as the details and delivery of your order, your account data and order history, your transaction data and information received from the Business. 15.10. In case of cancellation of orders paid online, the product price will be refunded by VEVEZ to the credit card with which the user paid. The date when the product price will be charged back to the credit card is determined by the bank according to the bank's credit card legislation. 15.11. VEVEZ, may reject the order if there is a reasonable doubt about the accuracy or authenticity of the order or contact information. 16.DISCLAIMER 16.1. We do not warrant that the information on VEVEZ is accurate or complete. We may make changes to the products, functions and prices in the mobile application at any time without notice. The content and materials on the VEVEZ mobile application and/or website may be out of date, and we make no commitment to update this material. 16.2. We make no representation that Products ordered from any Third-Party Provider through the VEVEZ mobile application will be of satisfactory quality or fit for your purposes, and we disclaim such warranties. 16.3. Estimated times for delivery and collections are provided by Third Party Providers and are estimates only. Neither we nor the Third-Party Providers guarantee that Orders will be delivered or available for pickup within the estimated time periods. 16.4. We do not guarantee that Third Party Providers will accept and fulfill all Orders, and Third-Party Providers have the discretion to refuse Orders at any time if you cannot provide proof of your age as required for the purchase of Age-Restricted Products. 16.5. The above disclaimers do not affect your legal rights against any Third-Party Providers. 17.RESPONSIBILITY 17.1. Nothing in this agreement excludes or limits our liability arising from our negligence or any other liability which cannot be excluded or limited under applicable law. Nothing in this agreement affects your statutory rights. 17.2. any loss of profits, sales, business, business opportunity, savings or revenue, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising in connection with the VEVEZ mobile application, or any loss of data, information or We will not be liable to you under any circumstances, including for any loss or corruption of software or similar circumstances (including for the use, inability to use, or consequences of the use of the Mobile application). 17.3. Our total liability to you in respect of all other losses (whether statutory duty or otherwise) arising in contract, tort (including negligence), breach of contract, arising under or in connection with your use of the VEVEZ mobile application shall in no event exceed twice the value of your Order and /or not exceed 200 Euros (whichever amount is greater) 18.ADDITIONAL TERMS 18.1. Privacy Notice: We are committed to protecting your privacy and security. All personal data we collect from you will be processed in accordance with our Privacy Notice. Additional privacy notices may apply to VEVEZ Provided Services or Third-Party Services, including Third Party controllers. 18.2. You should also review our Cookie Policy for information on how and why we use cookies to improve the quality of our mobile application and your use of it. 18.3. Severability: If any of these terms and conditions is determined to be invalid, illegal or unenforceable to any extent by any competent authority, that term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue in force. It is valid to the extent permitted by law. 18.4. Entire contract: These terms and conditions and any documents expressly referred to in them constitute the entire contract between you and us and supersede all prior discussions, correspondence, negotiations, prior arrangements, understandings or agreements between us in relation to the subject matter of any contract. 18.5. Waiver: Any failure or delay by you or us in enforcing any provision of these terms and conditions (whether in whole or in part) will not constitute a waiver of your or our rights or remedies. The use of the internet and electronic communications offered by the Third-Party Provider, VEVEZ mobile application and/or website Services may be subject to limitations, delays and/or other problems due to the occurrence of an unforeseen and insurmountable situation or force majeure by the third party. VEVEZ mobile application and/or website may be subject to maintenance interruptions that may affect your use of the Services, and which will be notified to you on a case-by-case basis. 18.6. Assignment: We may assign, sub-contract or transfer this contract (terms and conditions) or any of our rights or obligations under them, in whole or in part, to any business without your prior consent, if this does not diminish your rights under these Terms or by law. Unless otherwise agreed, you may not assign, subcontract or transfer, in whole or in part, the VEVEZ mobile application and/or Website Services, these Terms or any of our rights or obligations. 18.7. Headings: Headings in this agreement are included for convenience only and will not affect their interpretation. 18.8. Personal Data: By approving the User Agreement while becoming a member of VEVEZ, during your movements within the mobile application and e/or website after membership, your personal data such as (name, surname, e-mail, address, etc.) that you share with the data controller VEVEZ and automatically collected by the system You hereby consent to the processing of your order details and mobile application and/or website usage patterns obtained by us within the framework of the principles set out in the law, that is, to the operations carried out on personal data, including "obtaining, recording, storing, changing, sharing with third parties and transferring abroad". and you declare. Your personal data may be processed by VEVEZ, its subsidiaries, affiliates and business partners for purposes such as analysis and statistics, transferred to third parties and abroad, or used in anonymized form. 19. APPLICABLE LAW AND JURISDICTION This agreement shall be governed and construed in accordance with English law. You may bring legal proceedings in the English courts regarding these contractual terms. If you live in a part of the United Kingdom outside England or in any Member State of the European Union, you may bring legal proceedings in relation to this agreement in the English courts or the courts of your home country. As a consumer, you will benefit from the mandatory provisions of the law of your country of residence. Nothing in these terms and conditions, including the paragraph above, affects your rights as a consumer to rely on any such mandatory provisions of local law. 20. Storage of Information 20.1. VEVEZ has the authority to back up and delete some or all the records and information generated using the services it offers, at periods it deems appropriate. 20.2. Your user information, orders, messages, evaluations, etc. registered in VEVEZ. It is stored for as long as necessary, subject to the Privacy Policy. The data and records stored in VEVEZ constitute binding and conclusive evidence in any dispute arising from the performance of this Agreement. 21.Effectiveness The "User Agreement" enters into force indefinitely between the parties as soon as you fill out the user registration form. 22.Termination 22.1. You have no obligation to log in to or use the VEVEZ mobile application, and Third-Party Providers are under no such obligation. If you choose to stop using the VEVEZ mobile application, you may do so without any notice to us. 22.2. When you want to delete your user account and all associated data, you can use the “Delete Account” button under “My Profile”. In this case, all your personal information will be deleted and your non-personal data will be anonymized. 22.3. If you fail to comply with your obligations under the VEVEZ User Agreement Terms and Conditions, we may terminate your access to the VEVEZ application and/or Website Services by giving you prior written notice within a reasonable period. 22.4. If you have used the VEVEZ mobile application and/or websites in violation of the terms of the "VEVEZ User Agreement Terms and Conditions" and/or in the event of abuse, unauthorized, fraudulent or otherwise suspicious activity in your account and/or at our sole discretion, you We may terminate or suspend your agreement and your access to the VEVEZ application and/or Website Services with immediate effect (at our absolute discretion) upon notice in writing (including by email). 22.5. After you receive the Notice of Termination, you may contact us to submit your observations and complaints. If you prove that the breach of your obligations was caused by a third party that meets the force majeure criteria or by a force majeure event, we will restore your access to the VEVEZ mobile application and/or website Services. 22.6. If we are unable to collect the fees you owe us from your preferred payment method, we will notify you immediately in writing and may suspend or terminate your access to the VEVEZ mobile application and/or website Services in their entirety or to certain features/products until payment is received. Once you receive information regarding the suspension or deletion of your access to the VEVEZ mobile application and/or website Services, you may contact us to update your payment information or provide your observations and justifications, so that your failure to fulfill your payment obligation is due to a third-party action or force majeure event that meets the force majeure criteria. We may restore your access to the VEVEZ application and/or Website Services if you provide proof and pay any amounts due. 22.7. Upon termination, you must promptly pay any remaining outstanding fees due to Third Party Providers or VEVEZ. Such fees shall survive termination and we reserve the right to collect payment upon termination. By accepting this agreement, you agree to be bound by the VEVEZ User Agreement Terms and Conditions.
Geschäftsbedingungen | Vevez
