Terms of Use

By placing an order www.smartfood.ee on the website, you confirm that you have read the terms and conditions of this User Agreement (hereinafter: Terms of Use), agree to the Terms of Use and undertake to comply with the Terms of Use in the following.

General terms and conditions of service

These Terms of Use regulate the relationship between Smartfood Ekspress OÜ (hereinafter: service provider) and customers (herinafter: users) of www.smartfood.ee when using the services/goods offered on the website.

On the website www.smartfood.ee , the service provider offers the opportunity to users to order a food package with a certain calories in Tallinn and its vicinity, together with delivery to an address suitable for users and accepted by the service provider.

www.smartfood.ee use of the website does not incur any charges for the user other than for the goods and transport ordered.

User rights, obligations and responsibilities

The user undertakes to provide fully true personal data, including their correct and full name, in the order entered on the website www.smartfood.ee, and to use a valid e-mail address, order delivery address and telephone number. If it appears that the order could not be fulfilled due to incorrect personal data provided by the user, the user does not have the right to ask for a refund for it.

The user also does not have the right to refund the fee for the order if it is not possible to hand over the order to the user (e.g. the user does not come to the door at the address presented in the order during the period presented in the order and/or does not correspond to the mobile number provided in the order). The courier sent by the service provider waits a maximum of 3 minutes at the given address.

If the order address is a driveway that is not passable due to weather conditions, the user who paid for the order does not have the right to reclaim the cost of the order from the service provider. In this case, the user receives the order from the location to which the road can be reached (whereby the courier waits a maximum of 3 minutes after calling the user).

If it appears that the user is unable to accept the order on some days or the user wishes to make break days, the user must make the corresponding change in the customer environment (by logging in) before 16.00 two days before. The user’s subscription is extended by unused working days. If there are errors in the customer environment, you must send an e-mail with the information of the day of the break(s) to: info@smartfood.ee, as well as before 16:00 two days before. After that, the service provider will not be able to satisfy the changes received, including requests sent by e-mail from the desired day of the break after 16.00 two days before. In this case, the service provider will not deliver the food package and the day will be considered as an order.

The option is that the user will still find a way for someone else to accept their food package. If there is a change in address/time in this regard, the user should do so in the customer environment before 12:00 the previous day. If there are errors in the customer environment, an e-mail with the change information must be sent to the service provider’s e-mail: info@smartfood.ee, as well as before 12.00 the previous day. After that, the service provider will not be able to satisfy the changes received, including requests sent by e-mail from the day before after 12.00.

The customer can change the order address and time in the customer environment until 12.00 the previous day. If there are errors in the customer environment, an e-mail with the change information must be sent to the service provider’s e-mail: info@smartfood.ee, as well as before 12.00 the previous day. After that, the service provider will not be able to satisfy the changes received, including requests sent by e-mail from the day before after 12.00.

The user who paid for the order has the right to change the calorie of the package in the middle of the order. The request must be notified to the client advisor (info@smartfood.ee) 2 working days before by 12.00. The client advisor calculates the new final price according to the price table. The fee for changing the calorie is 15 euros. If the new final amount is more than the user has paid, the missing amount must be paid. The package with a new calorie will take effect after payment of the missing amount. If the new final amount is less than the original package price, the difference will remain for the user’s prepayment for the next order (which has to be used during 1 month since the day the last order finished).

By accepting these Terms of Use, the user confirms that the user is aware of the content and options of the service and confirms that he or she is also aware of the option of a 3-day trial package, which gives the user a good overview of the content and suitability of the service. By ordering a longer package, the user confirms that he or she has already tried the trial package or is otherwise convinced of the suitability of the order (including its length and calorie content). If the user does not use the option of the 3-day trial package, the user orders the service for a longer period at his own responsibility and risk, being sure and aware of his order.

If the user wishes to terminate the order earlier, he or she must notify it by sending an email to: info@smartfood.ee or by calling +372 505 2801, two days before the termination day, before 12:00 at the latest. For example, if the user wishes to terminate the order earlier and notifies it on Monday before 12:00, then his/hers last day of order is Tuesday (starting from Wednesday, the food package will no longer come). If the user sends the cancellation notice on Monday after 12:00, then the last day for completing the order is Wednesday (starting from Thursday, the food package will no longer arrive).

When calculating the refund, the daily price of the 3-day trial package of the same calorie is used, regardless of the days how long the service was actually consumed. In addition, a fee of 50 euros for early termination of the service will be deducted from the refundable amount. Refunds will be made within 5 working days after the user sends the information required for the refund (name, account number).

If the user has chosen the delivery in a thermobox, it should be placed in the same location every morning. The user has to return the box in the end of the order. If the box is lost or broken, the user has to pay for the new one. The cost of the thermobox is 15 euros. If the user doesn’t pay for the thermobox, the service provider has a right to deduct 1 day from the order.

The order has to be used in 3 months starting the date of purchase (and including all the paused days).

If the user/users places/place several orders on the same address, the same delivery window has to be chosen. If the user chooses different delivery windows, then the service provider has a right to choose the delivery window that is most suitable for the service provider (out of the options that the user chose).

When placing an order, the user confirms that he or she is at least 18 years old. The user acknowledges that using the calorie calculator on smartfood.ee website to select the order package is not mandatory, but provides indicative information. The user makes the final decision on their own, using their best judgment and based on their state of health. The user acknowledges that weight changes are individually different and are influenced by the metabolic rate, physical activity, genetics and other conditions of a particular person. By placing an order, the user confirms the suitability of their state of health for consumption of the package submitted on the order. In case of health problems and other health issues, the service provider recommends that the user consult a doctor before placing an order and make sure that their state of health is suitable for using the services offered.

Be sure to consult a doctor before using the service if the user is a pregnant or nursing mother or if the user has a chronic illness.

The user acknowledges that the service provider is not a health care provider and does not provide medical services or make medical recommendations or promises. When compiling the menus of the order, the service provider does not take into account the specifics arising from the user’s state of health (including allergies, food intolerances, etc.). The user understands that the service provider cannot check the suitability of each food product used in the recipe for a specific user. Before placing an order, the user is obliged to ask the service provider whether the food used for cooking contains allergens that may cause allergic reactions or other substances that are contraindicated to him or her due to the user’s state of health. The user acknowledges that in some recipes the service provider uses ingredience/product that they have no control over nor can they take responsibility of the origin and production process of these ingrediences (including for example warnings like “The product may contain organic particles of nuts and fruits, as well as stones and their particles.” etc.).

Rights, obligations and responsibilities of the service provider

The service provider undertakes to deliver the order to the user within the agreed period. The delivery time may be extended in the event of circumstances beyond the service provider’s independence (unexpected traffic jams, traffic accidents, traffic reorganisation, difficult weather conditions, etc.). In this case, the service provider will deliver the order to the user as soon as possible and the user will not have any complaints with the service provider. If the user is not available (by phone or email) during the delivery working hours (up to 11.00) to try to find a solution, the service providers takes the order back to our kitchen – the user has a possibility to pick it up during the day (between 12.00 – 15.00) but it has to be stated and agreed on by email info@smartfood.ee before 12.00.

If the order is not delivered to the user due to the fault of the service provider, the service provider will extend the user’s order by the corresponding time or refund the payment made to the user for his or her order within 5 working days, to the extent of the corresponding amount for which the order was not fulfilled.

The Service Provider has the right to suspend or terminate the provision of its service to all users at any time without naming a reason, while fulfilling open orders to users.

The service provider has the right to change the prices of services – they will apply from the time of making changes to the price table on the website. The price change does not apply to orders that are already in force.

The service provider has the right to send users personal commercial announcements and other offers. The user has the right to refuse these announcements.

Processing personal data

Read more: From the link to the protection of personal data and privacy policy (located on the right side of our page).

Payment

Orders can be paid for by placing an order on the website through the customer environment (Montonio payment environment) or by transfer based on an invoice submitted by the service provider.

The service is activated after the order has been paid or activated after the invoice has been paid.

Payment is made in euros. All prices are shown in euros and include VAT.

Delivery terms

Smartfood.ee service can be ordered to addresses in Tallinn and its vicinity. If it is not possible to choose the address of the vicinity of Tallinn in the client environment, please write: info@smartfood.ee.

The order will be delivered by transport of the service provider between 7 a.m. and 11 a.m. In the vicinity of Tallinn and in agreement with the service provider between 5.00 and 7.00.

The delivery time may be extended in the event of circumstances beyond the service provider’s independence.

The user is obliged to check the correctness of the contact details provided before placing the order to avoid delays and misunderstandings in the delivery of the order.

The Service Provider shall not be liable for delays and misunderstandings in the delivery of the order if the delay or misunderstanding is due to the inaccuracy or correctness of the data provided by the user when placing the order.

Change terms of use

The service provider has the right at any time to unilaterally change and supplement the terms of use due to the development of the web portal and services and in the interests of better and safer use of them.

Changes and additions to the terms of use will enter into force from the publication of the respective change or addition in the web portal www.smartfood.ee.

The User confirms that they agree to changes and additions to the terms of use after the respective changes/additions have entered into force.

Final provisions

The legal relations between the user and the service provider arising from the use of the web portal are subject to the legislation of the Republic of Estonia.

Disputes arising from the use of the web portal are resolved by the user and the service provider through negotiations. If no agreement is reached, the dispute will be resolved by Harju County Court.

The Terms of Use apply if the user agrees with them and applies during the term of the legal relationship regulated by the user and the service provider. The user has the right to terminate the legal relationships regulated by the Terms of Use at any time, fulfilling the current obligations to the service provider in advance.