Terms and Conditions

By using the Eatmoi Service, you agree to be bound by these User Terms of Service (“Terms of Service”).

Please read the following Terms of Service carefully before using the Eatmoi Service. If you do not agree with the Terms of Service, please do not use the Eatmoi Service. These Terms of Service apply to any use of the Eatmoi Service and to the Purchase Agreements made hereunder.

 

You have a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Eatmoi Service in the form offered to you by us from time to time solely for the purposes set out herein.

 

1. Definitions

“Partner” means a producer or other service partner who has partnered with Eatmoi and who offers its products and delivery services.

“Purchase Agreement” means an agreement for the purchase of Partner’s products and delivery services made on an Order. Purchase Agreement forms a binding agreement between Partner and the User. 

“Eatmoi” means: Eatmoi Store Oy, Xxx 1, 00100 Helsinki, Finland

“Eatmoi Service” means website www.eatmoi.store 

“User” or “you” means a natural person using the Eatmoi Service.

 

2. Description of the Eatmoi Service

2.1. Eatmoi provides a platform on which the User can purchase food products and delivery services from the Partner(s) of his/her choice. 

2.2. The Partners provide the information about their products and services in the Eatmoi Service. The sale and purchase of the Partners products and services may be subject to additional terms and conditions of the Partners as set out in the Eatmoi Service. When selecting the Partners products and services that the User wishes to purchase from the Partners, the User makes a binding order to purchase the products and services from the Partners on the terms and conditions presented to the User in the Eatmoi Service before placing the order (“the Order”). After having received the Order, Eatmoi will transmit the details of the Order to the Partner. When the Order is accepted by the Partner and Eatmoi has provided the User with an order confirmation on behalf of the Partner, the User and the Partner enter into the Purchase Agreement. Eatmoi will provide the User with a receipt on behalf of the Partner. 

2.3. The Partner selected by the User will prepare the products set out on the Order to the User. Eatmoi is not responsible or liable towards the User for the proper execution of the Purchase Agreement by the Partner.

2.4. After the Order has been placed by the User, the Order cannot be cancelled by the User. You cannot withdraw or cancel an Order for products or delivery services once you have placed it. Prior to placing an Order for a product or service you should carefully review your selection.

3. Payments

3.1. In order to use the Eatmoi Service, the User must submit valid credit card or other payment method information to Eatmoi. Eatmoi does not store information of the payment instrument, as this is done by a third party payment service provider used by Eatmoi. The User agrees to pay for all purchases arising from the use of the Eatmoi Service.

3.2. The User will pay the purchase price set out in the Order by using the relevant payment functionality of the Eatmoi Service. Eatmoi collects all payments from the Users on behalf of the Partner. The User’s payment obligation shall arise upon placing an Order through the Eatmoi Service.

3.3. The User may fulfil this payment obligation only by using the relevant online payment method provided in the Eatmoi Service. When the User, has paid the purchase price to Eatmoi, the User has fulfilled its payment obligation towards the Partner.

3.4. The payment will be automatically charged from the User upon the Order. Eatmoi uses a third party payment service provider for processing of payments.

4. Delivery of an Order

4.1. If the User orders the delivery of the Order through the Eatmoi Service, the Order will be delivered to the location confirmed by the User in the Eatmoi Service. The User also has to provide a street address for the confirmed location in the Eatmoi Service. Delivery services are provided by the Partner(s) to the User.

4.2. The User must be available to receive calls at the phone number the User has submitted to the Eatmoi Service. If the phone number provided by the User cannot be reached, the delivery may be cancelled by Eatmoi or the Partner and the User may be charged for the full price of the Order.

4.3. The User must be present at the confirmed location and time set out in the Order. If the User is not available at the location he/she has confirmed within five minutes of the arrival of the delivery of the ordered products and the User does not respond after two contact attempts by the courier making the delivery, the delivery may be cancelled by Eatmoi or the Partner and the User may be charged for the full price of the Order.

4.4. Sometimes, products may become unavailable after the check out. If the Order consists of multiple products Eatmoi will proceed with preparing the Order so that the rest of the products are delivered on time. Eatmoi will inform the User as soon as the products unavailability becomes known to Eatmoi. The User will be refunded for the unavailable products.

5. Time estimates

5.1. Any delivery time or other time estimate communicated to the User by the Partner or Eatmoi in the Eatmoi Service are only estimated times. There is no guarantee that the Order will be delivered at the estimated time. Delivery times of the products may also be affected by factors such as traffic jams, rush hours and weather conditions.

6. Intellectual Property Rights

6.1. All Intellectual Property Rights in or related to the Eatmoi Service and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Eatmoi and/or its subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.

6.2. These Terms of Service do not grant the User any Intellectual Property Rights in the Eatmoi Service and all rights not expressly granted hereunder are reserved by Eatmoi and its subcontractors/licensors.

7. Additional Provisions for use of the Eatmoi Service

7.1. The Eatmoi Service is only available to persons of the age of 18 years or older.

7.2. Eatmoi is constantly developing the Eatmoi Service and Eatmoi may change or remove different parts of the Eatmoi Service, including features, the products and Partners available in the Eatmoi Service in part or in whole.

7.3. By using the Eatmoi Service, the User may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Eatmoi generally does not review content provided by the Partners. Eatmoi is not responsible for third parties' (including the Partners') content or information or for any damages arising as a result of the use of or reliance on it.

7.4. You shall be responsible for obtaining and maintaining any devices or equipment (such as telephones) and connections needed for access to and use of the Eatmoi Service and all charges related thereto.

7.5. The User will not: (i) use or attempt to use another person’s personal Eatmoi account and/or access another person’s personal payment data through the Eatmoi Service or use another person’s personal payment cards when using the Eatmoi Service, without consent of that other person; (ii) copy, modify or create derivative works of the Eatmoi Service or any related technology; (iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Eatmoi Service or any related technology, or any part thereof; (iv) remove any copyright, trademark or other proprietary rights notices contained in or on the Eatmoi Service; (v) remove, cover or obscure any advertisement included on the Eatmoi Service; (vi) collect, use, copy, or transfer any information obtained from the Eatmoi Service without the consent of Eatmoi; (vii) use bots or other automated methods to use the Eatmoi Service; (viii) create a Eatmoi account using a fake identity or an identity of another person; or (ix) access the Eatmoi Service except through the interfaces expressly provided by Eatmoi, such as the Eatmoi App and Eatmoi Website.

7.6. Eatmoi is entitled to remove a User from the Eatmoi Service with immediate effect and/or refuse or cancel any Orders from a User if: (i) the User abuses the Eatmoi Service or causes any harm or detriment to the use of the Eatmoi Service or the Partners or Eatmoi or Eatmoi’s employees, (ii) Eatmoi has reasonable belief of fraudulent acts by the User when using the Eatmoi Service, (iii) the User places a false Order (for example by not paying or by not being present on the delivery or collection location in order to receive the Order) or otherwise fails to comply with his obligations arising from these Terms of Service; (iv) there is reasonable doubt about the correctness or authenticity of the Order. If Eatmoi cancels an Order that has already been paid for, Eatmoi shall transfer that amount into the same user account or Eatmoi at Work Account as the one from which the payment was made by the User.

7.7. The controller of the personal data collected about Users is Eatmoi Enterprises Oy, unless otherwise indicated. Eatmoi Enterprises Oy shall process any personal data collected from the User in accordance with Eatmoi Privacy Policy.

7.8. The User must comply with applicable third party terms of agreement when using the Eatmoi Service.

8. Term and termination

8.1. These Terms of Service are in force as a binding agreement between Eatmoi and the User until further notice as long as the User is using the Eatmoi Service. 

8.2. The User can discontinue the use of the Eatmoi Service at any time. Eatmoi can discontinue providing the Eatmoi Service permanently or temporarily at any time.

9. Complaints

9.1. Please note that the Eatmoi Service may at any time be interrupted or permanently discontinued. The Eatmoi Service may also be temporarily suspended. Do not use the Eatmoi Service for backing up any data.

9.2. The Partner is committed to prepare the Order in accordance with the features ordered by the User and within the time shown on the Eatmoi Service. If there are any defects in the (delivery of the) Order, the User may contact either the customer service of Eatmoi, acting on behalf of Partner, through the customer support chat or at support@eatmoi.store or the Partner directly.

9.3. The Partner is solely liable for any defects in the contents and preparation of the Order or other shortcomings in the performance of the Purchase Agreement.

9.4. The User who has discovered shortcomings in the performance of the Purchase Agreement must submit any complaints to Eatmoi or the Partner without delay, with clear descriptions of said shortcomings.

10. Applicable Law and Dispute Resolution

10.1. These Terms of Service shall be governed by and construed in accordance with the laws of Finland. 

10.2. Disputes arising from these Terms of Service shall be resolved by the district court of Helsinki. You may also refer a dispute to the Finnish Consumer Disputes Board, kkv.fi/kuluttajaneuvonta, in Finland.

11. Amendments

11.1. These User Terms of Service are subject to amendments.

11.2. Eatmoi shall publish the amended User Terms of Service at the Eatmoi Website and shall inform the User that the Eatmoi Terms of Service have been amended on the Eatmoi Service or by email to the email address submitted to the Eatmoi Service by the User. If the User does not agree to any amended Eatmoi Terms of Service, he/she shall discontinue the use of the Eatmoi Service.

12. Assignment

12.1. Eatmoi shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to Eatmoi Service without the User’s prior consent.

12.2. The User shall not be entitled to assign any of its rights or obligations hereunder in whole or part.

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