EESTI KEELES

Effective from 07.02.2023

Fudy is a food ordering and delivery platform that connects local restaurants with customers and couriers providing food delivery service. The platform enables a Fudy partner to expand their business by offering their products for sale to the customers on the platform, and customers can browse the products of various Fudy partners on Fudy platform and place product orders with the Fudy partner on the platform.

These general terms and conditions apply to the legal relations established upon the use and mediation of the platform by the customer.

By creating an account for the platform and using the platform, the customer confirms that they have carefully read these general terms and conditions of Fudy food platform and agree to follow them when using the platform. Upon creation of an account for the platform, these general terms and conditions of Fudy food platform become a binding agreement concluded between the Customer and Fudy.

1. TERMS AND INTRODUCTION

1.1. In the General Terms and Conditions, the following definitions shall apply:

Fudy	Fudy Operations OÜ, registry code 16504116, location Harju county, Tallinn, Kesklinna district, Tartu mnt 80, 10112.Fudy OÜ, registry code 16182871, address Harju county, Saku rural municipality, Tänassilma village, Põikmäe tn 2, 76406.An information society service provider that has developed (Fudy OÜ) and operates (Fudy Operations OÜ) Fudy food ordering and delivery platform, offering to Fudy partners the opportunity to find customers and to the customers the opportunity to order products from Fudy partners and delivery service from Fudy couriers.
Customer	a natural or legal person who has registered as a user of the Platform and who has submitted an Order through the Platform by concluding a sales agreement with a Partner and delivery agreement with a Courier (if applicable) for fulfilling the order.
Party or Parties	respectively Fudy, or Customer, or Fudy and Customer together
Partner	a restaurant or another person who has entered into an agreement for using the platform with Fudy, based on which the Partner operates through the Platform
Courier	a person who has registered as a Courier and who provides the delivery service of Orders via the Platform
Platform	an application developed and managed by Fudy that Customers can use through Fudy mobile application. The Platform enables a Fudy Partner to expand their business by offering their products for sale to the Customers on the Platform, and Customers can browse the products of various Fudy Partners on Fudy Platform and place product orders with the Fudy Partner on the platform by concluding a sales agreement with Fudy Partner and delivery agreement with a Courier via the Platform
Fudy Court	a set of Partners located close to each other at a location designated by Fudy. Fudy Court enables the Customer to order products simultaneously from several Partners operating on Fudy Court
Fudy Credits	the User can earn Fudy credits as campaign codes, referral codes, refunds. The User can use Fudy credits to get a discount on their purchases. 1 Fudy Credit = 1 €
Standard order	order of products submitted by the Customer to one specific Partner
Group order	a joint product order submitted to the Partner by the Customer and other registered users added to the order by the Customer
Fudy Court Order	Customer’s order for products submitted to Fudy Court Partners, consisting of products from several Fudy Court Partners
Order	Standard Order, Group Order and Fudy Court Order together
Sales Agreement	the sales agreement concluded between the Customer and the Partner, based on which the Partner sells the products specified in the Order to the Customer
Delivery Agreement	delivery agreement concluded between the Customer and the Courier, based on which the Courier undertakes to deliver the products purchased by the Customer from the Partner to the destination of the Customer
Delivery Fee	the fee paid by the Customer to the Courier for the delivery of the products
Customer Balance	balance of the account of the Customer on the Platform
Order price	the price that the Customer is obliged to pay for the products specified in the Order and for the delivery of the Order
Minimum Order Value	the minimum price of the Order that can be submitted on the Platform
Small Order Fee	the fee paid by the Customer to the Courier to compensate for the difference between the Minimum Order Value and the price of the specific Order
General terms and conditions	these general terms and conditions of Fudy Food Platform for the Customer, which apply to the Customer upon using the Platform and placing and receiving Orders

1.2. The Customer understands that Fudy does not manufacture the products offered on the Platform themselves and is not a reseller of the products offered on the Platform. Fudy is an information society service provider that manages and operates a Platform that connects Customers with independent Partners providing catering service and Couriers providing delivery service.

1.3. Fudy is not a party to the Sales Agreement, the Sales Agreement is concluded between the Customer and the Partner. Fudy is also not a provider of the delivery service offered on the Platform and is not a party to the Delivery Agreement, the Delivery Agreement is concluded between the Customer and the Courier. In view of the above, Fudy is not responsible for the actions or omissions of the Partner or Courier operating on the Platform. Fudy does not evaluate or guarantee the suitability, legality or capacity of the Partners or Couriers operating on the Platform. The Customer understands that Fudy is not responsible for the products manufactured or sold by the Partner and their security. Fudy is also not responsible for the fact if the images of the products displayed on the Platform correspond to the products actually made by the Partner and delivered by the Courier to the Customer.

1.4. Fudy mediates the conclusion of the Sales Agreement between the Customer and the Partner and the conclusion of the Delivery Agreement between the Customer and the Courier through the Platform. In this connection, Fudy, among other things, collects the payments due from the Customers for the Order and forwards them to the Partners and Couriers in accordance with the procedure provided in these General Terms and Conditions and the agreements concluded with the Partners and Couriers.

1.5.These General Terms and Conditions apply to all Orders submitted by the Customer.

2. REGISTRATION OF A CUSTOMER

2.1. Only users registered as Customers on the Platform can submit Orders on the Platform. In order to register as a Customer, the user first provides their phone number to which they wish to link the user account. A confirmation code will be sent to the phone number, which will activate the account when entered into the Platform. After activating the user account, the Customer is asked to provide their name and surname and e-mail address. Similar to confirming the phone number, Fudy asks the Customer to confirm also the correctness of the e-mail address.

2.2. User account of the Customer is associated with the phone number of the Customer. The phone number associated with the user account of the Customer cannot be changed. Upon changing the phone number, the Customer undertakes to create a new user account for using the Platform. If the Customer does not use the phone number associated with the initial user account, the Customer undertakes to notify Fudy immediately, but not later than within 7 calendar days. Failure to notify may result in the mobile operator making the mobile number available to a new person who may gain access to the data associated with the initial account by logging in to the Platform.

2.3. By registering as a Customer on the Platform, the Customer confirms that they are a person with legal capacity entitled to perform the transactions enabled on the Platform. The Customer also confirms that they have provided completely correct personal and contact information when registering as a Customer and using the Platform, including registering their correct and complete name.

2.4. The Customer understands and agrees that upon registration as a Client on the Platform, these General Terms and Conditions become a binding agreement between the Client and Fudy. The Customer undertakes to use the Platform in accordance with the procedure provided in these General Terms and Conditions, including not to use the Platform for fraud or other illegal transactions.

2.5. The Customer undertakes to notify Fudy immediately if they have reason to believe that their account details have been compromised or that their account has been accessed by unauthorized persons. The Customer is fully responsible for the use of the Platform and anything taking place on their user account.

3. PLACING AN ORDER

3.1. The Customer can only browse the Partners located in their vicinity on the Platform, therefore the Customer must specify their location for placing an Order. The Platform will determine location of the Customer automatically, if the Customer has granted Fudy the right to access location of the Customer. If the above function is not activated, the Customer shall manually specify their location on the Platform. When specifying the location manually, the Customer must ensure that the Order has been placed for the correct address before submitting an Order.

3.2. Each Partner specifies the range and price of products they offer on the Platform. The Customer can view the products offered by the Partners, including product information and prices. If the Customer has allergies or other dietary restrictions or wishes to receive more detailed information about the products before placing the Order, they must contact the Partner for additional information. The Partner shall advise the Customer on finding a suitable product.

3.3. If the Customer wishes to order products that require age verification (e.g. alcohol, tobacco, energy drinks), the Customer undertakes to confirm their age when submitting the Order. In addition, the Courier or Partner may ask the Customer to submit an identity document upon delivery of the Order. The Partner or Courier has the right to refuse to hand over the Order if the Customer does not submit a valid identity document.

3.4. The Customer can submit three types of Orders to purchase products from the Platform:

3.4.1. Standard order. In order to place a standard order, the Customer selects one Partner from the Platform whose products they want to order. The Customer adds the products they like into the shopping cart and forwards the Order to the Partner via the Platform. The Partner has the right to confirm or reject the Order. The Partner rejects the Order if they are unable to offer the products specified in the Order to the Customer or if they are unable to fulfil the Order at the time chosen by the Customer.

3.4.2. Group order. The Customer selects one Partner or several Fudy Court Partners from the Platform, whose products they want to order, and invites the persons they want to join the Group Order by sending them the link to the Group Order. Only a user registered on the Platform can join a Group Order. Each person who has joined the Group Order can submit their order under the Group Order, which is not visible to other persons having joined the Group Order. The order of the person having joined the Group Order is not visible to the Partner until the person who initiated the Group Order submits the final Order to the Partner. The person who initiated the Group Order is not obliged to wait until all the persons invited to join the Order have made their choice, but the person who initiated the Group Order has the right to confirm the final Order at any time and forward the Order to the Partner. The Partner has the right to confirm or reject the Order. The Partner rejects the Order if they are unable to offer the products specified in the Order to the Customer or if they are unable to fulfil the Order at the time chosen by the Customer. A Group Order will also be rejected if it has been rejected by at least one Fudy Court Partner.

3.4.3. Fudy Court Order. The Customer shall select the Partners whose products they want to order from among the Partners operating on Fudy Court and add the chosen products of the selected Partners to the shopping cart. Upon confirmation of the order by the Customer, the Fudy Court Order will be forwarded to each Fudy Court Partner indicated in the Order. Each Fudy Court Partner has the right to confirm or reject the Order. Fudy Court Order will be rejected in its entirety if at least one Fudy Court Partner refuses to fulfil the Order.

3.5. The Customer can submit an Order to the Partner if they have provided Fudy with the data of a valid payment instrument (e.g. credit card, debit card with internet payment option or other payment instrument). Fudy does not retain data of the payment instrument of the Customer themselves, but data are stored by a third party payment service provider used by Fudy.

3.6. Before submitting an Order to the Partner, the Customer undertakes to specify:

3.6.1. Method of fulfilment of the Order. When choosing the method of fulfilment, the Customer shall specify whether the Order will be fulfilled by the Partner as soon as possible or in the future on the date and time chosen by the Customer.

3.6.2. Method of delivery of the Order. When choosing the method of delivery, the Customer shall specify whether they want takeaway of products, but intend to pick up the products themselves, or whether they want takeaway of products together with their delivery to the destination specified by the Customer.

3.6.3. Special requests to the Order. If the Customer has any special requests to the Order, the Customer shall submit them to the Partner or Courier in the comment box of the Order.

3.7. By submitting the Order to the Partner, the Customer loses the opportunity to amend or cancel the Order. Therefore, before submitting the Order, the Customer must carefully review the Order and ensure that the Order meets their wishes, including the appropriate method of delivery of the Order and the correct destination of the Order.

3.8. The Sales Agreement for the products specified in the Order shall be deemed concluded between the Customer and the Partner as of the moment when the Partner confirms the acceptance of the Order to the Customer.

3.9. The Customer has legal right to withdraw from the Sales Agreement without a reason in accordance with the Directive 2011/83/EU and the products listed therein within 14 days from the date of receipt of the Order. In order to withdraw from the Sales Agreement, the Customer must submit a withdrawal application to Fudy. The standard withdrawal form can be found at the address https://www.riigiteataja.ee/aktilisa/1030/1201/4001/JM_m41_lisa1.pdf. However, other forms of application may also be used. The Customer must take into account that the consumer’s right of withdrawal does not apply to the consumer without restrictions. The consumer’s right of withdrawal is excluded, inter alia, in the case of perishable and aging products or in the case of a product delivered in a sealed package which is not suitable for return for health or hygiene reasons and if it has been opened after delivery.

4. ORDERING A DELIVERY SERVICE

4.1. If the Customer has chosen the delivery service as the method of delivery of the products, the Customer shall conclude a Delivery Agreement with an independent Courier via the Platform.

4.2. The Customer shall pay to the Courier a Courier Fee, which is calculated by the Platform based on the time of delivery, the distance of the delivery destination from the Partner and the method of delivery. The amount of the Courier Fee is shown to the Customer before confirmation of an Order. Fudy may change the criteria based on which the Courier Fee is calculated at any time.

4.3. If the value of the Customer’s Order is lower than the Minimum Order Value specified on the Platform, the Customer undertakes to compensate to the Courier the Order and the Minimum Order Value by paying to the Courier the Small Order Fee in addition to the delivery fee. In the case of a Fudy Court Order, the Minimum Order Value will be considered for each Partner participating in the Fudy Court Order. If the order submitted to the Partner within the Fudy Court Order remains below the Minimum Order Value, the Customer undertakes to pay a Delivery Fee for each partial order.

4.4. The Courier delivers the products manufactured by the Partner to the destination specified by the Customer in the Order. The Customer is fully responsible for the correctness of the delivery address and instructions provided in the Order. If upon delivery of an Order it turns out that the destination specified in the Order is incorrect, the Customer may contact the Courier and agree on a different destination for delivery of the Order. Fudy makes no warranty that the Courier will agree to deliver the Order to a new address.

4.5. The Customer must be ready to receive the Order at least at the expected delivery time of the Order, which is indicated on the Platform next to the confirmation of the Order. The Customer must be available for telephone calls to the number submitted to Fudy upon their registration as a Customer. The Customer must thereby be ready to answer calls from the moment of submission of the Order until the receipt of the Order.

5. RECEIPT OF AN ORDER AT THE POINT OF SALE OF A PARTNER

5.1. If the Customer has chosen to pick up the products as the method of delivery, the Customer will receive the products at the point of sale of the Partner after the Partner has notified the Customer that the Order is ready for pick-up.

5.2. The Partner undertakes to keep the products ordered by the Customer for 60 minutes from the moment of notification of the Customer that the Order is ready for pick-up. Notwithstanding the above, the Partner does not undertake to keep the Order longer than the opening hours of the point of sale of the Partner. If the Customer does not pick up the Order from the Partner within the aforementioned period, Fudy has the right to apply the right to cancel the Order provided in clause 7 of the General Terms and Conditions.

6. ESTIMATED TIMES

6.1. The time estimates provided by Fudy, Partner or Courier to the Customer on the Platform, including the time of completion of the Order and the time of delivery of the Order, are indicative. Fudy, Partner or Courier do not provide any guarantee that the products will be ready for pick-up or delivered to the Customer by the time indicated on the Platform.

7. RIGHT OF FUDY TO CANCEL THE ORDER

7.1. Fudy has the right to cancel an Order on behalf of a Partner or Courier and demand from the Customer the full price of the Order or reduce the Customer Balance by the full price of the Order if:

7.1.1. Upon delivery of the Order, it becomes apparent that the delivery address provided in the Order is incorrect and the Courier does not agree to transport the Order to a new address;

7.1.2. Upon delivery of the Order, the Customer does not answer the Courier’s call within 10 minutes or the Customer does not arrive at the destination of delivery of the Order within 10 minutes as of the arrival of the Courier;

7.1.3. The Customer has chosen to pick up the products at the point of sale of the Partner as the method of delivery of the Order and has not picked up the products from the Partner within 60 minutes from the moment the Partner notified the Customer that the Order was ready or has not picked up the products from the Partner before closure of the point of sale of the Partner;

7.1.4. The Customer has ordered products, the delivery of which requires proof of full legal age of the Customer, but the Customer does not prove their full legal age to the Partner or Courier with a valid identity document.

8. FEE AND PAYMENT

8.1. Fudy will submit an invoice to the Customer for an Order placed via the Platform, indicating the price of the Order, which includes the purchase price of the products and the Delivery Fee of the products (if applicable) and other fees applicable to the delivery of the products. By submitting an Order via the platform, the Customer agrees with the specified fee and undertakes to pay it.

8.2. If the Partner has confirmed the Order of the Customer, the sum corresponding to the price of the Order will be reserved on the account related to the payment instrument of the Customer, and when the Order has been fulfilled and handed over to the Customer, the reserved sum will be automatically deducted from the account related to the payment instrument.

8.3. By paying the price of the Order to Fudy, the Customer has fulfilled their obligation to pay the fee arising from the Sales Agreement and the Delivery Agreement to the Partner and the Courier.

8.4. Fudy will forward the price of the Order collected from the Customer to the Partner(s) and, if applicable, to the Courier in accordance with the agreements concluded with them.

9. FUDY CREDIT

9.1. The Users of the Fudy Platform can obtain Fudy credits by sharing personal unique code to users who have not made any previous orders. The user will get 2.50€ worth of Fudy credits after each of total two successful orders by entering the personal unique code in the Platform. The referrer gets 2.50€ worth of Fudy credits after each of total two successful orders the new user makes on the Platform.

9.2. Fudy may unilaterally determine the conditions applicable to the granting, use and validity of the Fudy credits.

9.3. Any referral bonus credits can be used only once by new Customers.

9.4. Fudy credits cannot be exchanged to cash.

9.5. Each credit has expiration date.

9.6. The Fudy credits will be nullified if Fudy detects any abuse of Fudy credits or suspects or detects that Fudy credits have been granted on incorrect grounds.

10. CUSTOMER SUPPORT

10.1. The Customer can contact our customer support to eliminate any problems or errors that may have occurred while using the platform. Customer support can be contacted via the chat on the Platform.

10.2. Customer support is available from Monday to Sunday from 09:00 to 18:00.

11. PROVIDING ASSESSMENT

11.1. Fudy appreciates opinion of the Customers about the Partners and Couriers operating on the Platform. Fudy enables Customers to assess products of the Partners, food experience as well as the delivery service provided by the Courier upon receipt of the Order.

11.2. Based on the ratings provided by the Customers to the Partner and the Courier, the Platform generates their average rating, which is visible to all users of the Platform.

11.3. Fudy is entitled to correct the rating provided by the Customer (incl. to delete the rating) if there is a reason to believe that low rating was provided maliciously.

12. INTELLECTUAL PROPERTY RIGHTS RELATED TO THE PLATFORM

12.1. The Platform and all of its contents, including the software, databases, documents, images and information used on the Platform, form the intellectual property rights of Fudy or its licensors.

12.2. Upon registration of a Customer of the Platform, Fudy grants the Customer a non-transferable and non-exclusive right (non-exclusive license) to use the Platform in accordance with the procedure and for the purpose provided in these General Terms and Conditions. The right to use the Platform does not entitle the Customer to copy, modify, adapt, reverse engineer, decompile or use the Platform for any purpose other than those expressly set out in these General Terms and Conditions.

12.3. Customer acknowledges and agrees that Fudy is entitled to change the appearance or functionalities of the Platform at any time without a further agreement and to make any other modifications, improvements or upgrades to further develop and/or improve the Platform.

12.4. Customer may not:

12.4.1. use the Platform for fraudulent or any other illegal purposes;

12.4.2. incite others to conduct or participate in any illegal activity;

12.4.3. violate any national law or requirements;

12.4.4. harass, abuse, insult, harm, defame, disgrace, disparage, threaten or discriminate anybody based on sex, sexual orientation, religion, ethnicity, race, age, national origin or disability;

12.4.5. provide misleading or incorrect information;

12.4.6. upload or transmit viruses or any other type of malware that is or may be used in a manner that affects the functionality or operation of the Platform;

12.4.7. use the Platform for immoral purposes.

13. CUSTOMER CONTENT

13.1. Fudy may, in its sole discretion, from time to time allow the Customer to make available on the Platform content or information created by them, such as picture material of the destination of the Order, feedback to Partner and questions submitted to customer support, etc. (i.e. Customer Content). Only the Courier delivering the Order will see the images uploaded by the Customer to facilitate finding the destination of the Order.

13.2. The Customer undertakes to ensure that the images uploaded by them to the Platform do not cause harm to the personal data of third parties. To this end, the Customer undertakes to ensure that no person is depicted on the image they upload. Fudy is entitled to delete from the Platform any images that violate the above prohibition.

13.3. By submitting Customer Content protected with copyright or any other intellectual property right to the Platform, the Customer grants Fudy a free worldwide, irrevocable, transferable, sublicensable non-exclusive license to use the Customer Content. Based on the license, Fudy is entitled to freely use, copy, modify, create derived works from, distribute and make publicly available the Customer Content without the separate consent of the Customer. The Customer cannot cancel the license granted to Fudy for the use of the Customer Content and the Customer is not entitled to request any fee from Fudy for the use of the Customer Content. By submitting the Customer Content to the Platform, the Customer confirms that the Customer is authorized to grant Fudy the above rights and that the use of the Customer Content by Fudy does not infringe the intellectual property rights of third parties.

14. SUBMITTING A COMPLAINT

14.1.If the Customer discovers defects in the ordered products or they are not satisfied with the delivery service of the Order, they can submit a complaint to Fudy via the Platform or submit a complaint directly to the Partner or Courier. The complaint must include description of the circumstances on which the complaint is based and, if possible, it should be supported with pictorial material attached to the complaint.

14.2. The complaint must be submitted to Fudy or the Partner/Courier immediately, but not later than within 7 calendar days from the fulfilment of the Order in connection with which the complaint arose.

14.3. The Customer understands that when a complaint is submitted to Fudy, Fudy will only act as an independent complaint handler. Fudy is not responsible for the performance of the Sales Agreement or the Delivery Agreement. If Fudy finds that complaint of the Customer is justified, Fudy will refund the Customer the Order fee or reimburse the amount to the Customer Balance.

15. LIABILITY

15.1. CONTENT OR FUNCTIONS MADE AVAILABLE IN CONNECTION WITH OR THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FUDY DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. FUDY DOES NOT WARRANT OR GUARANTEE THAT THE PLATFORM SHALL BE AVAILABLE ALWAYS OR AT ANY SPECIFIC TIME, SHALL OPERATE AT ANY SPECIFIC TIME WITHOUT INTERRUPTION, SHALL BE SECURE OR FREE OF ERRORS, SHALL CORRESPOND TO ANY NEEDS OF THE CUSTOMER, OR SHALL BE FREE FROM VIRUSES, DISRUPTIONS, OR PROTECTED FROM HACKING OR OTHER BREACHES WHICH CAN REDUCE SECURITY.

15.2. Fudy is not a party to the Sales Agreement and the Delivery Agreement, therefore Fudy is not liable for claims arising from the Sales Agreement and the Delivery Agreement. If the Customer discovers any defects in the Products ordered through the Platform, the Partner or Courier shall be liable for such defects.

16. EFFECTIVE PERIOD AND TERMINATION

16.1. The rights and obligations provided in the General Terms and Conditions shall enter into force with respect to the Customer as of registration on the Platform as a Customer and shall be valid indefinitely.

16.2. The Customer has the right to terminate the use of the Platform at any time.

16.3. Fudy is entitled to restrict or revoke the right of the Customer to use the Platform, if:

16.3.1. The Customer materially violates the General Terms and Conditions or fails to correct any violation after a reasonable period of time provided by Fudy;

16.3.2. The Customer has provided incorrect, misleading and/or inaccurate information when registering as a Customer of the Platform or using the Platform.

17. MISCELLANEOUS PROVISIONS

17.1. The Customer understands and agrees that Fudy has the right to change the General Terms and Conditions at any time, including without the prior consent of the Customer. Upon amendment of the General Terms and Conditions, we will notify the Customer of amendment of the General Terms and Conditions and the content of the new terms and conditions at least 5 days before the new terms and conditions enter into force. If the Customer does not agree with the new terms and conditions, the Customer has the right to cancel the Agreement within 10 days of receiving the notice. In such case, the Agreement is deemed to have been terminated within 10 days as of receipt of the notice of termination. The Customer is deemed to have agreed to the new terms and conditions if the Customer does not cancel the Agreement within the aforementioned period.

17.2. Legal relations between Fudy and the Customer arising from the use of the Platform are governed by the legislation of the Republic of Estonia. Notwithstanding the foregoing, the Customer is entitled to rely on such mandatory provisions of law that would apply in the absence of an agreement on the applicable law.

17.3. Disputes arising from the use of the Platform are to be resolved by way of negotiations. If no agreement is reached, the dispute will be resolved by the Harju County Court. However, the Customer is always entitled to file an action to a competent court of their country of residence. If the place of residence of the Customer is located in the European Union, the Customer is entitled to contact the Online Dispute Resolution Platform (ODR) operated by the European Commission (available at: ec.europa.eu/odr) to resolve a dispute with Fudy. The Customer is also entitled to submit an application for resolving a dispute to the Consumer Disputes Department of the country of residence of the Customer or to another institution responsible for extrajudicial settlement of disputes (for example, the Estonian Consumer Disputes Committee).

17.4. The Customer may not transfer the rights and obligations arising from these General Terms and Conditions to third parties without a prior written consent of Fudy.