Terms and Conditions
TERMS OF SERVICE OF USE OF GURM.EE
GENERAL PROVISIONS
1.1. For the purposes of this document:
1.1.1. "Consumer" means a natural person who is acting for purposes which are outside his trade, business or profession;
1.1.2. "Merchant" means any legal person who is acting for purposes relating to his trade, business or profession;
1.1.3. Goods - a thing or right offered, sold or otherwise marketed;
1.1.4. "Service" means a good offered, provided or otherwise marketed, other than a good, or any other supply offered or performed;
1.1.5. Order - a statement of intent of the contracting parties to enter into a contract transmitted by means of communication;
1.1.6. Wholesale - resale and brokerage of goods to commercial consumers, institutions, organizations.
1.2. The website GURM.EE is an Internet-based Internet store and sales environment of Goods and Services (hereinafter: GURM) made available by ALMERC HOLDING.EE (registry code 10906894, KMKR EE100796120, address Õie 2-11, Tallinn; e-mail address: INFO@GURM.EE) .EE). By using GURM.EE and purchasing the Goods / Services, the Consumer confirms his / her acceptance of the GURM.EE terms of use and other information made available to the Consumer.
1.3. The invalidity of the provision provided in the GURM.EE terms of use due to its conflict with law does not result in the invalidation of other provisions.
1.4. The pictures of the Goods in the GURM.EE sales environment have an illustrative meaning.
1.5. GURM.EE may independently execute the Order by a person with active legal capacity (adult, person who has reached the age of 18). The person whose bank account or credit card has been used to make the payment is responsible for the consequences of the Order performed by the non-compliant person.
1.6. Almerc Holding OÜ has the right not to execute the order of the Consumer if the Consumer has not fulfilled the conditions, instructions or orders of GURM.EE, Almerc Holding OÜ or the Service Provider.
1.7. GURM.EE The service is not provided to legal entities or resellers and intermediaries of goods.
1.8. Place of delivery - the place where the Merchant issues his Order to the Consumer.
USE OF GURM.EE
2.1. The consumer is obliged to make orders and payments for the Goods / Services in accordance with the terms and conditions of use of GURM.EE.
2.2. Almerc Holding OÜ has the right not to execute the order submitted by the Consumer, if the Consumer has not paid for the Goods or Services, or if the Consumer's credit card does not have the funds to do so.
2.3. When using GURM.EE, the consumer is obliged to ensure the accuracy of the information provided by him or her and not to use the sales environment to perform operations not intended for that purpose.
2.4. The consumer has no right to copy, reproduce, distribute, transmit, change and otherwise use the GURM.EE sales environment and its parts in any way without the written permission of Almerc Holding OÜ.
GOODS, PRICE OF GOODS, QUANTITY OF GOODS AND DELIVERY FEE
3.1. GURM.EE The price of the Goods selected at the time of placing the Order in euros, including VAT, applies to the Goods as follows:
3.1.1. When picking up the Goods in the store, the Consumer pays the price indicated in the Goods at the time of purchase in the Store in euros, including VAT;
3.1.2. Upon delivery of the order via Courier, the Consumer shall pay the price indicated in euros in the sales environment of GURM.EE in the sales environment, including VAT. If the selling price of the product (campaign price) has changed by the date of delivery of the Goods, the price valid at the time of placing the Order shall remain in force;
3.1.3. In the case of a weighing product, the final price of the Goods is the price corresponding to the actual weight of the Goods. The Merchant shall return the price difference between the ordered and paid weighted product to the Consumer's current account no later than within 14 (fourteen) calendar days from the date of delivery of the Order;
3.1.4. The Merchant has the right to change the price of the Goods sold by GURM.EE;
3.1.5. When delivering the order via Courier.
Deliveries do not take place on Saturday, Sunday and Public Holidays.
Delivery price is:
A) Delivery of the following day's orders from 11.00 to 19.00 (The order must be submitted the previous day before 21.00):
-In the Tallinn area - 4.90 €. Free for purchases over € 49.99.
-Tabasalu, Tiskre, Kakumäe, Camp, Kangru, Jüri, Pirita / Viimsi - 9.99 €. Free for purchases over € 69.99.
B) Same day delivery 15.00 - 19.00 (The last time for placing orders is 13.00):
-In the Tallinn area - € 7.69. Free for purchases over € 49.99.
-Tabasalu, Tiskre, Kakumäe, Laagri, Kangru, Jüri, Pirita / Viimsi - € 11.99. Free for purchases over € 69.99.
3.1.6. The delivery service fee via Courier is displayed to the Consumer at the moment of placing the Order.
3.2. The Merchant has the right to determine the maximum quantitative rate of the Goods ordered by the Consumer.
3.3. A deposit, the amount of which is published with the Goods at a separate price, is added to the packaging of the Goods drink marked with a pledge mark.
3.4. With the consent of the Consumer, the Merchant may replace the Goods ordered in the Order with a replacement product that is equivalent in terms of its features, quantity and price. In the absence of an equivalent replacement product and in the event of a price difference between the ordered Goods and the replacement product, the Merchant shall return the cost of the ordered and paid Goods or the difference to the Consumer's current account within 14 (fourteen) calendar days.
3.5. If the Consumer does not agree with the replacement product, the Merchant shall return the cost of the replacement product ordered and paid to the Consumer after the Consumer has returned the replacement product to the Merchant.
3.6. If necessary, the Merchant has the right to contact the Consumer to approve the replaced Goods by telephone.
4. PLACING AND CONFIRMING THE ORDER
4.1. GURM.EE can submit Orders either as a registered Consumer or as an unregistered user. Only the registered Consumer can see the order history in the GURM.EE sales environment.
4.2. To order the Goods, the Consumer selects the Product (s) suitable for him / her from the GURM.EE sales environment and adds the products to the shopping cart. The consumer can adjust the contents of the shopping cart until the Order is confirmed and before paying for the Goods.
4.3. To place an order, the Consumer fills in the data fields required in the sales environment; selects the appropriate method of receipt or delivery of the Goods (18.00-20.00 on the same day; 12.00-14.00 on the next day; 18.00-20.00 on the next day).
4.4. The Consumer must specify in the comment the place and time of collecting the Order (date and time) if the Consumer wishes to receive the goods after the deadline offered by GURM.EE.
4.5. It is possible to place an order a maximum of 1 (one) week in advance before the time of receipt of the desired Goods. If the consumer wishes a different delivery date, the date required for delivery must be specified.
4.6. As an unregistered user, the Consumer ordering beverages containing alcohol (incl. Non-alcoholic beer, cider, wine) and tobacco products confirms that he / she is 18 years of age before submitting the Order.
4.7. Before submitting the Order, the Consumer confirms that he is aware that the ordered Goods will not be delivered to children's, medical and detention institutions.
4.8. Before confirming the Order and making the payment, the Consumer undertakes to check the content and quantity of the Order prepared by him / her and its compliance with the Order. The content of the confirmed Order cannot be changed afterwards.
4.9. Upon receipt of the order by the Merchant, the Merchant will send an e-confirmation letter to the Consumer as an automatic response.
4.11. In case of possible inaccuracies or errors in the order (unwanted goods or quantities), the Consumer must immediately contact the Merchant's Consumer service by e-mail.
4.12. The Merchant shall not be liable for any damage or any other consequences arising from incorrect information provided by the Consumer during the performance of the Order or from the cancellation of the Order.
5. WITHDRAWAL OF THE ORDER
5.1. The Consumer has the right to cancel the paid Order by notifying the GURM.EE Consumer service by e-mail INFO@GURM.EE:
-within half an hour after placing the order "on the same day".
-8 hours after placing the order "12 noon to 14.00 the next day".
-8 hours after placing the order "18:00 to 20:00 the next day".
5.2. If the Consumer notifies the cancellation of the Order less than the period specified in clause 5.1, the Merchant has the right to charge the delivery price. In case of free delivery, the Merchant has the right to charge the price of delivery of the goods in advance.
5.3. If necessary, the Merchant has the right to cancel the execution of the Order by notifying the Consumer by phone or e-mail together with the reason for the cancellation. If the Merchant cancels the execution of the Order, the cost of the Order shall be returned to the Consumer's current account within 14 (fourteen) calendar days from the moment of cancellation of the Order.
6. CHANGING THE EXECUTION TIME
6.1. The Consumer has the right to express a wish to change the time of receipt of the Order by notifying GURM.EE Consumer service by phone or e-mail address indicated on the Order confirmation (INFO@GURM.EE):
before 15.00 for the "same day" order.
before 8.00 of the delivery day for “next day order".
6.2. If possible, the Merchant will take into account the Consumer's wishes by notifying the Consumer by e-mail or telephone.
6.3. The Merchant has the right to change the time of receipt of the Order.
7. PAYMENT FOR THE ORDER
7.1. The Consumer can pay for the order in advance in the GURM.EE sales environment in full via a suitable bank link with a debit / credit card (the service is provided by Maksekeskus AS).
7.2. The consumer pays for the entire Order in the GURM.EE sales environment in advance in full.
8. DELIVERY AND DELIVERY
8.1. Delivery of the order by courier:
8.1.1. When delivering the Order by Courier, the Consumer must choose the date and period suitable for him / her when placing the Order and indicate the delivery address.
8.1.2. The courier delivers the Ordered Goods to the address specified by the Consumer in Tallinn and its vicinity: Tabasalu, Tiskre, Kakumäe, Laagri, Kangru, Jüri, Pirita, Viimsi.
8.1.3. The order will be delivered and handed over from Monday to Friday from 12:00 to 20:00, except on public holidays.
8.1.4. The courier informs the Consumer about the approximate time of delivery of the order by an SMS message.
8.1.5. In case of late delivery of the order, the Courier will inform the Consumer by phone, agreeing on a new delivery time. If no agreement is reached in the new time, the Consumer has the right to cancel the Order. In case of cancellation, the Merchant shall return the cost of the Order to the Consumer (including the delivery fee) to the Consumer's current account within 14 (fourteen) calendar days at the latest.
8.1.6. The Consumer is obliged to ensure the receipt of the Goods ordered at the address (12.00-14.00 or 18.00-20.00) and at the address indicated in the Order.
8.1.7. If the Consumer does not guarantee the receipt of the ordered Goods when the Courier arrives at the address specified by the Consumer or if the delivery of the Goods becomes impossible due to a circumstance on the part of the Consumer, the Merchant has the right to cancel the Order and cancel it.
If the Consumer does not notify about the new time of receipt of the order and does not contact GURM.EE within 60 minutes after receiving the SMS, the Merchant keeps 15% of the order value + courier delivery fee (€ 7.69 to € 13.99 depending on the address) according to clause 5.2.
8.1.8. The Order containing alcoholic beverages, tobacco products (smoking and non-smoking products; products intended for the consumption of tobacco products) and non-alcoholic beer, cider and wine will only be handed over to an adult Consumer upon presentation of an identity document, of which the Courier has the right to take a photo to prove that an age check has been carried out or to refuse to hand over the above products if the document is not presented.
8.1.9. The Merchant's delivery service envisages door-to-door delivery of the Goods, including in multi-storey buildings.
8.1.10. When transporting food stored at a special temperature, the Merchant must ensure that the cold chain of the goods is uninterrupted.
9. RETURNS AND REFUNDS
9.1. Upon receipt of the Ordered Goods, the Consumer is obliged to immediately check the conformity of the Goods to the Order. Damaged or defective products included in the ordered Goods and their quantities must be indicated on the Goods return form and immediately handed over to the store employee, the Courier. The Merchant returns the amount paid for the returned damaged or defective products to the Consumer. Subsequent claims will only be resolved by a decision of the Merchant.
9.2. The risk of damage or loss of the goods passes from the Merchant to the Consumer from the moment of receipt.
9.3. The Consumer has the right to withdraw from the Agreement within 14 (fourteen) calendar days from the receipt of the Goods, except for § 53 (2) 9) of the Law of Obligations Act, according to which the 14-day right of withdrawal does not apply to purchases of will be handed over to the Merchant during frequent and regular tours at the Consumer's place of residence, domicile or workplace. The Merchant will return to the Consumer within 14 days from the cost of the order.
9.3.1. The 14-day right of withdrawal does not apply to the following groups of goods:
9.3.1.1. Goods that deteriorate or age rapidly, including chilled and frozen goods and other similar perishable goods;
9.3.1.2. Goods which are not eligible for return for health or hygiene reasons.
9.3.1.3. Goods which, by their nature, are mixed or combined with another thing after delivery in such a way that they can no longer be separated;
9.4. Returnable Goods ordered from GURM.EE will be accepted in the Merchant's store on the basis of the Consumer's e-mail application. This form must be completed by the Consumer, indicating the details of the order, the products the Consumer wishes to return and the reason for the return.
9.5. The Goods returned by the Consumer must not be damaged, damaged or used in any other way and must be in their original packaging. In order to ascertain the nature, characteristics and functioning of the Goods, the Consumer must handle the Goods in the manner permitted by the store.
9.6. The costs of returning the goods shall be borne by the Consumer.
10. SUBMISSION OF CLAIMS
10.1. The Merchant is responsible for the non-compliance or defect of the Goods ordered and sold through the GURM.EE sales environment, which was already on the Goods at the time of delivery, and the Consumer has the right to demand from the Merchant whether to fulfill the obligation, indemnify, reduce the order.
10.2. The Merchant shall not be liable for non-compliance of the Goods with the terms of the contract, which has arisen due to the Consumer's actions or omissions, including improper use of the Goods or non-compliance with improper storage conditions.
10.3. In case of Goods that do not comply with the terms of the Contract, the Consumer can submit a written claim to the e-mail address INFO@GURM.EE on the Goods order form. The claim is based on a document certifying the purchase (purchase receipt).
10.4. The Merchant shall not be liable for any damage or any other consequences arising from incorrect information provided by the Consumer upon the Order, including delay in delivery of the Goods, if the delay was due to circumstances beyond the Merchant's control.
11. PROCESSING OF PERSONAL DATA
11.1. The chief processor of the Consumer's personal data is ALMERC HOLDING OÜ registry code 10906894, KMKR EE100796120, address Õie 2-11, Tallinn e-mail INFO@GURM.EE. The data processors of the Merchant are www.takeout.ee (Takeout OÜ) registry code 12718292 and www.ziticity.com (UAB Miesto Logistika) 304606991, address S. Stanevičiaus g. 96A-46, LT-07103, Vilnius, Lithuania, payment service provider - Maksekeskus AS, registry code 12268475, Harju county, Tallinn, North Tallinn district, Niine tn 11, 10414.
11.2. Personal data are any data relating to an identified or identifiable natural person, whatever their form or form. GURM.EE collect the Consumer's personal data, including the username, password, e-mail address, postal address, telephone number and bank account number.
11.3. The Merchant processes the Consumer's personal data in order to identify and service the Consumer, to form, settle and deliver orders for the Goods, incl. To send notices or perform operations necessary for the performance or guarantee of the Agreement.
11.4.1. The Consumer has the right at any time to inspect or request the amendment, specification and termination or deletion of his or her personal data in accordance with the Personal Data Protection Act, except in cases provided by law.
12. FINAL PROVISIONS
12.1. The Merchant has the right to change the terms of use of the GURM.EE sales environment unilaterally and without prior notice. Additions and amendments to the Terms of Use shall enter into force on the day of their publication, unless otherwise provided in the additions and amendments.
12.2. Disputes arising from the performance, amendment or termination of the Agreement shall be settled by the Parties through negotiations.
12.3. If no agreement is reached, the Consumer has the right to apply to the Consumer Disputes Committee of the Consumer Protection Board for out-of-court settlement of the dispute.
