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Terms of sale

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 users 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 calorie 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) or the courier transports the order back to the address of the service provider, from where the user can receive it within the same day (between 12:00 and 15:00),  notifying the customer service of this request by e-mail or phone at the latest.

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 before 16.00 two days before. The user’s subscription is extended by unused working days. If there are disturbances in the customer environment, you must send an e-mail with the information of the day of the break(s): info@smartfood.ee, as well as before 16:00 two days before. After that, the service provider will not be able to satisfy the wishes 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 user will not receive the day 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 disturbances 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 wishes 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 disturbances 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 wishes 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 less 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.

If desired, the user who paid for the order may terminate the order earlier – in this case, the service provider will refund to the user 50% of the unused order amount. The user must notify the user of the earlier termination of the order no later than the previous working day before 16:00 by sending an e-mail: info@smartfood.ee or by calling +372 505 2801. For example, if a customer wishes to terminate the order earlier and announces it before 12:00 on Monday, their last day of fulfillment of the order is Tuesday (there will be no more food parcels from Wednesday). If the customer sends a notice of withdrawal on Monday after 12.00, then the last day of execution of the order is on Wednesday (there will be no more food parcels from Thursday).

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.

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 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.