Terms and Conditions
Paaket Food hereby makes the Paaket Food website and mobile application available to users (hereinafter, the “User” or “Users”).
In accordance with the provisions of the applicable legislation, the following identification details of the site owner are provided below:
- Company name: Paaket Food.
- Registered address: UDS GUSSS Hostel.
- Tax Identification Number (TIN): P005723831
Paaket Food is a technology company whose main activity is the development and management of a technology platform through which certain local stores in a number of territories can offer their products and/or services by means of a mobile or web application on the platform (hereinafter, the “APP”) and, in an ancillary manner, where applicable and if so requested through the APP by users of the APP and consumers of the said local stores, act as an intermediary in the planned or immediate delivery of the products.
Paaket Food has developed a platform through which a variety of merchants, with which Paaket Food can have in place a commercial agreement for the use of the platform, offer a selection of products and/or services. Users can request the purchase and/or collection of products and services from such merchants in person by means of a mandate given by them to a third party when placing an order through the Platform. In such cases, Paaket Food acts as a mere intermediary and is therefore unable to assume, and does not assume, any responsibility for the quality of the products or for the proper provision of the services offered directly by the merchants or by such third parties.
In addition, Paaket Food is a multi-category Technology Platform for intermediation in the contracting of “on demand” services by distance electronic means. Its aim is to make it easier for any persons requiring help with their errands, services, purchases in person, and/or collection of products from local merchants (hereinafter, “Users”) to carry out their errands by delegating to such third parties, who are willing to voluntarily carry out the mandate given to them by Users (hereinafter, the “Mandataries”).
Mandataries are thus a network of self-employed professionals who work with Paaket Food. When they wish to provide their services, they log onto the Paaket Food Platform and undertake to carry out within a certain amount of time the service entrusted to them by the User by means of the above-mentioned mandate. As a result, Paaket Food cannot be responsible for delivery times, as they will depend on the local stores’ own successful operations, the preparation of orders, the Mandataries themselves, and the information furnished by Users when placing orders or their availability and response at the time of delivery. In relation to this, the delivery times stated on the Site are provided for indicative purposes only.
Paaket Food hereby confirms that it has obtained all necessary licenses for the pursuit of its commercial activities in the countries in which it operates.
3. User Access and Registration
In order to be a User of the Platform, it is essential that you meet the following requirements:
- Users must be at least 17 years of age.
- Users must truthfully complete the mandatory fields of the registration form requesting personal details such as the User’s name, e-mail address, and telephone number.
- Users must agree to the Privacy and Data Protection Policy.
The User warrants that all the information regarding his/her identity and capacity provided to Paaket Food in the registration forms for the Platform is true, accurate and complete. In addition, Users undertake to keep their details up to date.
If a User provides any false, inaccurate or incomplete information or if Paaket Food considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, Paaket Food may deny that User current or future access to, and use of, the Platform or any of its contents and/or services.
When registering on the Platform, Users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable. In order to increase the security of accounts, Paaket Food recommends that Users do not use the same login credentials as on other platforms. If a User uses the same login credentials as on other platforms, Paaket Food will be unable to guarantee the security of the account or ensure that the User is the only person logging into his/her profile.
Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details or of the services of the Site that may be made by third parties, including the statements and/or contents entered on the Platform, or for any other action carried out under their username and/or password.
Users are the sole owners of the content entered by them on the Platform. Furthermore, by registering on the Platform and agreeing to these Terms, the User grants Paaket Food, in relation to the content that he/she may provide, a worldwide, irrevocable, and transferable licence, free of charge, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicise and exploit it in any way that may be deemed appropriate by Paaket Food, with or without any further communication to the User and without having to pay any amounts for such uses.
Paaket Food cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users undertake to inform Paaket Food immediately, using the communication channels made available by Paaket Food, if their credentials are stolen, disclosed or lost.
3.2. Credit Card Theft or Appropriation
Since Paaket Food cannot guarantee the identity of registered Users, Users are under an obligation to inform Paaket Food if they have evidence that the credit card associated with their Paaket Food profile has been stolen and/or is being fraudulently used by a third party. Therefore, since Paaket Food and its payment platform are proactive in the protection of Users through the use of appropriate security measures, if a User fails to inform Paaket Food of the missing card, Paaket Food will not be liable for any fraudulent use thereof that may be made by third parties on the User’s account. Paaket Food suggests that Users report any theft, robbery or suspected misuse of their credit card to the police.
If necessary, Paaket Food undertakes to assist Users and cooperate with the competent authorities as may be necessary to provide reliable evidence of the wrongly applied charge. In the event of fraud, Paaket Food reserves the right to take any appropriate action if it has been detrimentally affected by the misuse of the Site.
4. Operation of the Service. Terms of the Mandate.
When a User who is registered as a User needs help with an errand, he/she must go to the online platform or the relevant Paaket Food application and request the service using the said electronic methods. The basic courier service involves the collection and subsequent delivery of a product to and from the addresses established by the User, provided that they are within the territory in which Paaket Food operates. Similarly, a User may ask a Mandatary to purchase products in person on his/her behalf and to collect them from, and deliver them to, the addresses specified. The Mandatary undertakes under a mandate to purchase the products ordered by the User on the latter’s behalf and according to his/her indications and specifications.
Users are solely responsible for providing the correct addresses for delivery and collection on the Platform, and they, therefore, release Paaket Food and the Mandatary from any liability for negligence or error in the collection or delivery of the order as a result of providing incorrect addresses for collection and delivery. As a result of the foregoing, the cost resulting from providing an incorrect address for collection and delivery on the Platform shall be borne by the User.
Users must provide all the information, in as much detail as possible, about the service to which the assignment relates and, if applicable, in relation to the product that they are asking the Mandatary to buy in a physical shop on their behalf. To do this, they may provide any comments they may deem useful in the “comments” section as well as, where appropriate, share a photograph with the Mandatary to identify the order. Users will be in constant contact with the Mandatary and may communicate with him/her at any time to ensure that he/she carries out the mandate according to the Users’ own instructions.
In order to facilitate direct communication with the Mandatary and in the event of any incidents in the processing of the order and/or in order to inform of any changes thereto, PAAKET FOOD makes available to Users an internal chat system allowing direct and immediate contact between the User and the Mandatary while the order is being carried out. The chat session will be deactivated as soon as the User has received the product or the order is canceled for any of the reasons envisaged. If a User wishes to contact the Mandatary or Paaket Food after the order has been completed, he/she must use the contact form available on the Platform and contact the User assistance service.
The User releases Paaket Food and the Mandatary from any liability for negligence or error in the indications given by the User for the purchase of the product ordered for purchase in a physical store on his/her behalf. As a result, the User shall bear the cost arising from providing incorrect indications on the Platform regarding the products (such as an incorrect address or product).
When placing an “Anything” order, Users may set an approximate price if the price of the product and/or service does not appear on the platform. In such case, the service or product may be purchased by the Mandatary in person based on the User’s estimate and never for more than 30% above the said estimate. If the price is higher, the Mandatary shall contact the User to inform him/her of this situation, and it will be the latter who makes the final decision on whether or not to proceed with the purchase in person at the store. Paaket Food may provide an approximate price estimate, merely for the purpose of helping the User, and such estimate shall not be binding as the final price payable by the User in any event.
If the price of the product/service does appear on the Platform, the prices appearing on the Platform may be indicative as provided in Clause 7 of these General Terms and Conditions of Use of the Platform.
If the User is not at the place agreed for delivery, the Mandatary shall retain the product for 24 hours, or for 5 minutes in the case of perishable products. In addition, the User must bear 100% of the cost of the basic courier service, as well as the price of the product if one has been purchased or contracted through the Mandatary at the User’s request, and will have to pay for another service in order to receive the products that were not delivered. The Mandatary will in no event be liable for the deterioration or expiry of the product to which the assignment is related.
Once the assignment has been completed, if the request included the in-person purchase of a product, the Mandatary shall give the User the paper receipt for such product and/or provide it by e-mail. If the object of the assignment is the mere delivery of a product, the Mandatary shall deliver it to the User at the exact time and place indicated by the latter. All this without prejudice to the electronic receipt for the service that will be received by the User at the e-mail address associated with his/her account.
At that moment, the User, who is the recipient of the service identified by the user in the order, or any third party authorised by him/her, must where appropriate ratify the mandate given by signing on the Mandatary’s device. Paaket Food is unable to verify the authenticity of the User’s signature. If the User receives confirmation that the order has been carried out without having ratified the mandate either personally or through a recipient authorised by him/her, he/she must inform Paaket Food immediately so that appropriate steps can be taken by the Platform. Paaket Food reserves the right to check any communications made by the User for verification and monitoring purposes.
FOOD / PACKAGED PRODUCTS: Paaket Food recommends that, when ordering food products under a mandate, Users ask the Mandatary and/or the establishment offering the products, using the methods available on the Platform, for information on the content and composition of the food products ordered.
Furthermore, Paaket Food is not responsible for ensuring that food orders are delivered to Users in properly closed bags, which should ideally be labeled or sealed.
5. Returning Non-Perishable Products
If a User wishes to return a non-perishable product or make a claim about the provision of a service, without prejudice to Paaket Food’s ability as an intermediary to take over the handling thereof, the party with ultimate liability will always be the merchant at which the purchase was made. If the User obtains a refund for the purchase price, the merchant will decide how to make the refund (cash, credit card, store voucher, etc.) regardless of whether it is Paaket Food who pays the refund on the local merchant’s behalf. Therefore, the return of a non-perishable product purchased by the Mandatary pursuant to a mandate conferred by the User shall be subject to the merchant’s returns policy in any event.
As certain establishments may not have premises open to the public, Users will be unable to access them for the purpose of processing any claims or returns. In such cases, they must contact Paaket Food’s User assistance service for the necessary help and support using the channels available on the Platform.
If a User wishes to process the return of a non-perishable product because it did not match the order made through the platform, he/she must provide a photograph of the total order together with a list of the incorrect or undelivered products, as well as other proof of the inadequacy of the product requested.
The User must check the non-perishable products delivered by the Mandatary at the delivery address before signing and, where appropriate, ratifying, the mandate. By means of the said signature, the User confirms and ratifies the mandate, the purchase in person or the service carried out on his/her behalf. In addition, the User states that a third party may ratify the mandate on his/her behalf, for example, if the User is not at the final delivery address or has designated a third party for collection and signature where appropriate. The User (and/or the said third party) is thus responsible for checking that the service provided is adequate as well as, where applicable, for collecting enough evidence to prove that it was not.
In any event, the decision regarding whether a return is appropriate will lie with the merchant in each case. The User must therefore inform Paaket Food through the methods provided by Paaket Food for that purpose if a dispute arises.
6. Prices of the Services and Billing
Users can register for the Platform, and use it, free of charge, although this is subject to review by Paaket Food at any time. Users may have to pay for certain services on the Platform as provided in these General Terms and Conditions of Use.
The use of the Platform by Mandataries and merchants may have an associated cost based on the country from which they wish to use the Platform to provide services.
The User only has to pay for each service requested through the Platform for his/her use thereof to order products, and to communicate through the Platform, as well as for the courier or errand services provided by third parties.
In the event of rain or bad weather conditions, the User will have to pay an additional fee for the courier or errand service provided by third parties in such weather conditions.
In addition, for services that include the purchase of a product, the User must pay the price of such product. By registering through the Platform and providing the required bank details, Users expressly authorise Paaket Food to issue receipts for payment of the services requested, including the price and delivery of the products ordered.
The total price of each service may be composed of a variable percentage based on the number of kilometres travelled and the time taken by the Mandatary, as well as, where applicable in cases in which a User requests the physical purchase of a product or service, the price established by each merchant. Paaket Food reserves the right to change the price based on the distance travelled and/or the time slot in which the service is performed. In accordance with these terms, the User will be entitled to know the approximate fee for the service before contracting it and paying for it, unless the User has not specified the address for collection. The fee for the delivery service may vary in cases of force majeure beyond Paaket Food’s control that entails an increase in such fee.
The fee may include tips for the Mandatary and/or the local store, whose amount shall be solely and entirely at the User’s discretion.
Paaket Food reserves the right to change the prices on the Platform at any time. Such changes shall take effect immediately after publication. The User expressly authorises Paaket Food to send him/her by electronic means, to the e-mail address provided by the User during the registration process, receipts for the services contracted and/or the bills generated. If an invoice is required, the User must enter the relevant tax data on the platform before placing the order.
If a service is cancelled by the User once the preparation of the order by the local merchant has been confirmed and the User has been informed, Paaket Food will be entitled to charge the User the fee applicable in each case. Similarly, if the User has asked the Mandatary to purchase a product on his/her behalf and the User cancels the order after the purchase has been made, the latter shall bear the cost of the delivery services provided by the Mandatary as well as the full price of the product. All this without prejudice to the User’s ability to request a new service in order to return the products purchased or to have them delivered at a different address. In the case of non-perishable products, the User may exercise his/her right of withdrawal vis-à-vis the merchant that sold him/her the products. If the User wishes to exercise this right through Paaket Food, he/she must request the service again.
6.1. Payment Platforms
Payment for products and/or services offered on the Platform, sold in person at restaurants and/or stores and delivered to Users in a deferred manner is temporarily made to Paaket Food, who then sends it to the restaurants and/or stores with which it has a commercial agreement in place. The associated restaurants and/or establishments authorise Paaket Food to accept payment on their behalf. Payment of the price of any product (such as food, drink, a gift, etc.) properly made to Paaket Food will therefore discharge the User’s obligation to pay the said price to the associated restaurants and/or establishments.
Similarly, the User’s payment releases him/her from any obligation vis-à-vis the Mandatary, as full payment from the User discharges any obligation that the User may have vis-à-vis restaurants and/or stores and/or Mandataries.
Payment by Users for products and/or services is received at Paaket Food’s accounts through an Electronic Money Institution. Electronic Money Institutions are authorised to provide, directly or indirectly, regulated payment services in all the territories in which Paaket Food operates and are in compliance with the current legislation applicable to payment services for Platforms such as Paaket Food*.
*If such institutions are not authorised, Paaket Food will accept no liability for such lack of authorisation or license, and sole and exclusive liability shall lie with the Electronic Money Institutions.
Using the payment provider contracted by it for this purpose and for the sole purpose of verifying the means of payment provided, Paaket Food reserves the right, as a fraud prevention measure, to request a payment pre-authorisation for the products ordered through the platform. Such pre-authorisation shall in no event involve payment of the full amount of the order, as this will be done solely and exclusively after the products have been made available to the User, or for the reasons set forth in these terms and conditions.
In order to provide Users with greater support, Paaket Food shall be their first point of contact and shall accept liability for payments made on the Platform. Such liability includes refunds, returns, cancellations, and early-stage dispute resolution, and it is without prejudice to any actions that may be taken by Paaket Food vis-à-vis local merchants as the sole physical sellers of the products ordered by Users.
In accordance with the foregoing, in the event of a dispute, Paaket Food shall provide the first line of support and shall reimburse the User if this is deemed appropriate.
If a User has any issues with the progress of his/her order, he/she may contact Paaket Food’s User assistance service through the methods made available to Users on the Platform.
7. Price of the Products and/or Services Appearing on the Platform
All the prices stated on the Platform are inclusive of any taxes that may be applicable based on the territory from which the User operates and shall, in any event, be denominated in the currency in force in the territory from which the User operates.
In accordance with Clause 6 above, the prices applicable to each service shall be as published on the Platform, subject to the specific characteristics set forth above, and applied automatically at the last stage of the contracting process.
However, the prices of the products sold in restaurants and/or stores shown on the Paaket Food Platform may be indicative only. In any event, they correspond to the products sold in restaurants and/or stores, and they are set solely by them. The User may contact the Mandatary to confirm the final price of the products ordered.
The User assumes that, in any case, the price of some products may change in real-time based on the establishment that sells them and on the available stock. The User may contact Paaket Food for any information about the order placed.
In accordance with the foregoing, the User grants the Mandatary, by means of the purchase and delivery request made through the Platform, a mandate to purchase the products in person, on his/her behalf, at the price set by the merchants. The User may be in direct contact with the Mandatary while the order is being carried out.
8. Promotional Codes and/or Other Offers or Discounts
Paaket Food may unilaterally provide at any time credits for use within the Platform or free shipping to certain Users. The User acknowledges and accepts that credits and free shipping must be used within six (6) months from the date on which the credit or free shipping was made available to the User on the Platform.
Promotional codes and/or other offers or discounts offered on the Platform must be correctly entered in the application before placing the order. Otherwise, they will not take effect and the User will be unable to enjoy them.
Whenever a cancellation is requested by Paaket Food in accordance with Section 9 below, the User shall ensure that the promotional code and/or other offer or discount is valid for future use. When the cancellation is at the User’s request, Section 9 below will apply.
Paaket Food reserves the right to unilaterally cancel promotional codes and/or other offers or discounts offered if it becomes aware of a fraudulent use thereof (such as, among others, a promotional code being redeemed by someone who is not its legitimate recipient, the mass communication of codes or the sale of codes or discounts), at the end of the above-mentioned period. Furthermore, it reserves the right to apply sanctions to Users for the amount for which Paaket Food has been defrauded as a result of such use.
Paaket Food will accept no liability if, due to an event of force majeure or other events beyond its control or whose need is justified, it is forced to cancel, shorten, extend or amend the conditions of promotions.
In particular, Paaket Food will accept no liability if the website is not available at any time during promotions or for a malfunction in the automated promotion system.
9. Right of Withdrawal and Cancellation of Orders
In accordance with the nature of the service offered by Paaket Food, the User is aware that, once a Mandatary has voluntarily accepted an order, the execution of the purchase mandate is considered to have started, and the User may therefore no longer be entitled to withdraw the service request free of charge.
Without prejudice to the foregoing, the cost of cancellation may depend on the following factors;
– If the restaurant or establishment has already accepted the order and started preparing it, the User will be charged the price of the products. The User will be informed of the restaurant’s acceptance through the Platform and/or by e-mail at the e-mail address registered by the User.
– If the User cancels the order once the Mandatary has accepted it for processing, the User will be charged the cancellation fee. The User will be informed of the Mandatary’s acceptance through the Platform. The User can see the cost of cancellation on the Platform. If the order is canceled by Paaket Food, the agents will contact the User to inform the latter of the cost of cancellation if there is one.
If the restaurant or establishment and the Mandatary have accepted the order for processing, the User will be charged both the price of the products and the cancellation fee.
The total cost of cancellation will appear on the User’s screen on pressing the “Cancel” button on the Platform. The User will be shown the charge to be applied, based on the factors described above, in advance.
In the case of certain cities, it may not be possible to view the cost of cancellation directly on the Platform. In such cases, the applicable costs of cancellation will be those set forth in Annex II hereof.
In the case of non-food or non-perishable products, if the Mandatary has already purchased the product ordered at the time of cancellation, the User may ask the Mandatary to return it. To that end, the User must pay the products’ full purchase price and delivery costs, as well as the cost of the return service. If the Mandatary has been able to return the product, its value will be refunded to the User who, as mentioned above, must pay the cost of the two collection and delivery services as well as the return service. The return shall in any event be subject to the merchant’s return policies, and the User therefore states that he/she is aware that, in the case of perishable products (e.g. food), the product may not be returned and Paaket Food will therefore be entitled to charge him/her for both the product already purchased by the Mandatary under his/her mandate and for the cost of the delivery service incurred.
Notwithstanding the foregoing, in the specific case of orders placed on the Platform through the KFC’s product menu, the User must deal directly with Paaket Food.
If the User has given an incorrect delivery address for the products, he/she may enter a new address at any time provided that it is within the same city as the original order and this is a city in which Paaket Food provides its intermediation service. In such a case, the User will be ordering a new service and agrees to be charged the appropriate amounts for the new delivery. If the address is in a different city from the one originally specified, the address may not be modified for delivery in a new city, and the order will be canceled, with the User bearing the resulting costs as provided in this clause.
Paaket Food reserves the right to cancel an order without having to provide a just cause. In the event of cancellation without just cause at Paaket Food’s instance, the User shall be entitled to a refund of the amount paid.
Paaket Food has official claim forms available to Users, in the official languages of the countries in which Paaket Food operates, in relation to the service offered by it. Users may request the above-mentioned claim forms through Paaket Food’s User assistance service, and the option to access them will be sent automatically. The User’s e-mail must specify the exact location from which the request is being made, which must be the same as the place where the service is to be carried out. In the event of doubt, the claim should be made from the latter place.