General Terms of Use and Contractual
Terms
These General Terms of Use and Contractual Terms (hereinafter referred to as the “General
Terms”) are provided to users (hereinafter referred to as the “User” or “Users”) of the website
[https://www.gintas.online/] (hereinafter referred to as “Gintaş Online”).
In accordance with the applicable legislation, the identification details of the website owner
are as follows:
Company name: Optinex d.o.o.
Registered address: Hercegovacka Br. 59, 81000 Podgorica Crna Gora
Tax Identification Number: PIB: 03754782
Contents
1. Subject Matter
2. User Access and Registration
3. Provision and Types of Services
4. Financial Terms
5. Cancellation of Orders and Right of Withdrawal
6. Restricted Product Delivery Policy
7. Monitoring and/or Modification of Content
8. Geolocation
9. Liabilities and Warranties
10. Updates and Amendments to the Application
11. Intellectual Property
12. Validity of Individual Contractual Provisions
13. Applicable Law
14. Customer Support and Alternative Dispute Resolution
Special Terms of Use for Gintaş Online
Special Terms for Gintaş Online Business Services
1. Subject Matter
Optinex is a technology company whose main activity consists of developing and managing a
technological platform through which certain local stores operating in specific areas
(hereinafter referred to as the “Merchants”) may offer their products and/or services through
the Application and, where necessary, third parties (hereinafter referred to as the “Agents”)
may act as intermediaries in the scheduled delivery of products when requested through the
System by Users and consumers of such local stores. Agents therefore constitute a network of
individuals who offer their services through the System. When they wish to provide their
services, they access the Gintaş Online System and undertake to perform, within a specified
period, the service entrusted to them by the User.
In addition, Gintaş Online is a multi-category technological platform that facilitates the
conclusion of contracts for “on-demand” services by electronic means. It aims to facilitate the
fulfilment of tasks by allowing persons who need assistance with their businesses, services,
personal shopping and/or collection of products from local merchants to delegate such tasks to
third parties, namely Agents, who voluntarily agree to fulfil orders placed by Users.
Gintaş Online acts solely as an intermediary in all cases and, therefore, its sole responsibility
and function is to operate the System that facilitates communication between Users,
Merchants and Agents. Pursuant to Section 11 entitled “Liabilities and Warranties”, Gintaş
Online shall in no way be responsible for the products and/or services offered through the
System or for the performance of any order or delivery requested through the System.
By accessing the System and voluntarily creating a profile, all Users, Merchants and Agents
expressly and unequivocally confirm their acceptance of these General Terms and Conditions,
as well as the Privacy Policy and Cookie Policy available online. Any User, Merchant and/or
Agent who does not accept the aforementioned General Terms and/or Policies must refrain
from using them.
2. User Access and Registration
2.1. Basic Registration Requirements
In order to use the System, you must meet the following requirements:
Users must be at least 18 years of age.
Users must accurately complete the mandatory fields of the registration form,
providing personal information such as their name, email address, telephone number
and bank card number.
Users must carefully read these General Terms when accessing the System.
Acceptance of the General Terms and Conditions is an essential step that must be
completed prior to registration.
Users must accept the Privacy Policy and Data Protection Policy.
Users must accept the Cookie Policy.
Users must accept the Ethical and Business Conduct Standards for Third Parties
available at https://compliance.glovoapp.com/public/compliance.
Once all requirements have been fulfilled and registration with the System has been
completed, Gintaş Online shall provide the User with confirmation of registration and all
other information required under applicable law.
When using the Application, all Users who may be classified as “consumers” under
applicable law shall benefit from and be protected by all applicable laws and regulations
relating to consumer protection.
2.2. User Profile and Responsibilities
When registering with the System, Users must select a username and password. The username
and password are strictly confidential, personal and non-transferable. In order to enhance
account security, Gintaş Online recommends that Users do not use login credentials that they
use on other platforms. In any event, Gintaş Online does not guarantee the security of
accounts or profiles.
In order to complete their registration with the System, Users must provide certain
information, including, among other things, their username, email address and telephone
number. Once the registration process has been completed, all Users may access, complete
and modify their profiles as they wish.
The User warrants that all information concerning their identity and authorization details
provided to Gintaş Online through the registration forms is accurate, complete and up to date.
Users also undertake to update their information whenever necessary. If a User provides
information that is false, inaccurate or incomplete, or if Gintaş Online has legitimate grounds
to suspect that such information is inaccurate, incorrect or incomplete, Gintaş Online may
deny such User current or future access to and use of the System or its content and/or
services.
Users undertake not to disclose their account information or allow third parties to access it.
Users shall be fully responsible for any use of the Site's information or services by third
parties, any statements and/or content entered into the System, and any other actions carried
out under their usernames and/or passwords. Gintaş Online cannot guarantee the identity of
registered Users and therefore shall not be held responsible for the use of a registered User's
identity by an unregistered third party. Users undertake to immediately notify Gintaş Online
through the communication channels provided by Gintaş Online in the event that their login
credentials are stolen, disclosed or lost.
2.3. User Obligations and Responsibilities
Users shall be fully responsible for the proper use of and access to their profiles and other
content of the Application in accordance with the applicable national or international
legislation of the country in which they use the Application, as well as the principles of good
faith, morality, generally accepted customs and public order. In particular, Users undertake to
diligently comply with these General Terms of Use.
Users are the sole owners of the content they enter into the System. Gintaş Online has no
editorial responsibility and expressly states that it does not identify itself with any opinions
that may be expressed by Users of the System; the publishers of such opinions shall be solely
responsible for their consequences.
Users must refrain from using their profiles or other content of the System for unlawful
purposes or in any manner that may cause unlawful consequences, harm the rights or interests
of third parties, or disrupt, disable, interfere with or adversely affect the System, its content or
services in any way. Users are also prohibited from interfering with the normal use or
enjoyment of the System by other users.
Any person who breaches the above obligations shall be responsible for any loss or damage
caused as a result. Gintaş Online shall not be held liable for any consequence, loss or damage
arising from such unlawful use or access by third parties.
Users undertake, in particular, and without limitation, to:
Refrain from modifying or altering the System, in whole or in part, bypassing,
disabling or otherwise obtaining unauthorized access to its functions or services
through unauthorized access;
Refrain from infringing industrial and intellectual property rights or personal data
protection laws;
Refrain from using the System to insult, defame, threaten or harass other Users or to
attack their reputation;
Refrain from accessing the email accounts of other Users;
Refrain from introducing computer viruses, corrupted files or other software that may
damage or cause alterations to the content or systems of Gintaş Online or third parties;
Refrain from sending mass and/or repetitive emails to a large number of persons or
sharing the email addresses of third parties without their consent;
Refrain from advertising goods or services without the prior authorization of Gintaş
Online.
Any User who believes that another User has violated these General Terms may report such
User. Likewise, any User may notify Gintaş Online of any misuse or breach of these terms
through the Help section of the System. Gintaş Online shall investigate such reports as soon
as reasonably possible and take such action as it deems appropriate. Gintaş Online reserves
the right to remove and/or suspend any User who violates these Terms and Conditions from
the Application. Gintaş Online also reserves the right to remove and/or suspend any message
containing unlawful or offensive content without prior warning or subsequent notification.
2.4. User Reviews
Gintaş Online may collect User reviews relating to certain Merchants and/or the products or
services they offer. Gintaş Online reserves the right to publish such reviews on the
Application and make them available to other Users under the name of the User who
submitted the review, all in accordance with the Gintaş Online Privacy Policy.
A User may be asked to leave a review through the System only if the User has placed an
order through the System with the relevant Merchant. However, leaving a review is entirely
optional, and the User retains the right to decide whether or not to submit one. By submitting
a review, the User agrees that the review may be collected and, where applicable, published
by Gintaş Online.
Reviews may be subject to a specified character limit. Users also undertake to leave only
relevant reviews that are not offensive, defamatory, false, discriminatory or otherwise
inappropriate towards the Merchant, another User or an Agent. Gintaş Online reserves the
right, pursuant to Section 8 of these General Terms and Conditions, to filter reviews and
remove any review that does not comply with these General Terms and Conditions or that
may be considered offensive or contrary to law or public order.
2.5. Deletion and Cancellation of User Accounts
Users may log out of the Application at any time through the Help section of the System.
Gintaş Online also reserves the right to suspend and/or cancel any user account on the System
if it determines that the User no longer meets the basic registration requirements, if there is a
suspicion of fraudulent or unlawful use, or if the user account is being used in breach of these
General Terms and Conditions.
3. Provision and Types of Services
As a multi-category technology platform, Gintaş Online allows Users properly registered with
the System to request different types of orders. By accessing the System, Users may purchase
products and/or services directly from a Merchant and may also choose to have products
delivered by an Agent from the Merchant's address to an address specified by the User,
provided that such address is located within an area where Gintaş Online operates.
Similarly, a User may request an Agent to perform tasks on the User's behalf and/or
personally purchase products and deliver them to specified addresses (hereinafter referred to
as “Anything”), as well as provide on-demand delivery services on behalf of the User
(hereinafter referred to as the “Courier Service”).
3.1. Merchant Model
Through the Merchant model, Users may access the marketplace available on the System and
purchase products and/or services offered by Merchants that have entered into agreements
with Gintaş Online. In addition, through the System, a User may request delivery of
purchased products to any address within the service area of any Merchant that accepts the
order.
The User acknowledges and agrees that descriptions of products and/or services available on
the System and, where applicable, their prices or photographs, are published based on
information and documentation provided by Merchants and that Gintaş Online therefore
provides no warranty against any potential inaccuracies in such descriptions, prices and/or
photographs. Gintaş Online reserves the right to remove any product from the System and to
modify the content of its catalogue at any time without assuming any liability.
The User acknowledges that all products listed on the Gintaş Online System are subject to
availability and accepts that, during the fulfilment of an order, a product and/or service may
not be available at the relevant premises.
The User acknowledges that Gintaş Online is in no way responsible for the quality and/or
characteristics of products or services offered by Merchants and/or Agents, who are
professionals committed to providing the products or services offered through the System.
Merchants and/or Agents are likewise responsible for obtaining any licence or authorization
legally required to provide and offer such goods or services and, by offering them through the
System, Merchants and/or Agents represent that they have duly obtained such authorizations.
ORDER FROM STORE
Users may order products and/or services offered by specific Merchants through the available
Delivery Time options. These options shall only apply to stores where such option has been
activated and in Areas designated by Gintaş Online.
3.2. Delivery Model
Under the Courier Service model, the User may request the services of an Agent through the
System to collect and deliver a specific product from an address specified by the User within
an area in which Gintaş Online operates. The Agent undertakes to perform the services
requested by the User in accordance with the order and to purchase the products ordered by
the User in accordance with the User's instructions and specifications.
The User shall not request any collection and/or delivery that is unlawful or contrary to public
order due to the nature of the contents or the conditions under which the relevant task is
requested. The User is fully responsible for providing the Agent with accurate addresses,
including not only written addresses but also the precise locations indicated on the map
available in the System and any instructions provided through the System, and shall bear all
costs and inconvenience arising from any error and/or omission on their part.
3.3. General Provisions Applicable to All Models Listed
Above
Services offered to Users through the System, regardless of the model, shall be performed
provided that the following conditions are met at the time of payment:
The service requested by the User must be operational during the selected time period.
The purchased products, goods to be delivered and/or tasks to be performed must be
located within one of the Areas in which Gintaş Online operates and in an accessible
location.
The destination must be located within the same city area as the location of the
product and/or collection address.
The ordered product(s) must not exceed the following dimensions:
o 40 cm x 40 cm x 30 cm*
The maximum weight of an order shall be approximately 9 kg.*
*The above dimensions and weight limits shall not apply to vehicles capable of carrying such
volumes.
Users are fully responsible for providing accurate delivery and collection addresses in the
System, including the correct locations on the map available in the System, and therefore
release Gintaş Online and the Agent from any liability arising from negligence or error in the
collection or delivery of orders resulting from incorrect collection or delivery addresses.
Likewise, Users must provide all information that is as detailed as possible regarding the
service and/or product to which the task relates. For this purpose, Users may provide any
comments they consider useful in the “comments” section. The User releases Gintaş Online
and the Agent from any liability arising from negligence or error in the instructions provided
by the User.
As a result of the foregoing, any costs arising from providing an incorrect collection or
delivery address, as well as incorrect instructions regarding the products to be purchased,
tasks to be performed and/or services to be provided and/or the performance of any other task,
shall be borne by the User.
If the User is not present at the address designated for delivery and the order therefore cannot
be delivered, the User shall bear 100% of the cost of the basic courier service, as well as the
price of the products purchased or contracted at the User's request. This shall not affect the
User's ability to place and pay for another order identical to the undelivered order in order to
receive the specified products or services.
Receipt of the order by the User at the specified delivery address shall be deemed acceptance
of the order. If the order is incorrect, incomplete or defective, the User must contact Gintaş
Online immediately after receiving the order through the Help section. Gintaş Online or the
Agent is not required to verify the identity of the recipient of an order; the order shall be
deemed correctly delivered provided that it is delivered to the specified delivery address.
Accordingly, Gintaş Online shall not be responsible if an order is received at the correct
delivery address by the wrong person.
4. Financial Terms
4.1. Prices of Services Offered Through the System
Users may register with the System free of charge; however, the condition of free registration
may be revised by Gintaş Online at any time. In any event, Users may be required to pay for
certain services available through the System as specified in these General Terms. Gintaş
Online reserves the right to modify prices in the System at any time, subject to any
notifications required by applicable law. Such changes shall take effect immediately upon
publication.
For purposes including the continuous improvement of its services, providing a wider choice
of suppliers and continuously improving the overall user experience, Gintaş Online shall
charge Users a service fee for use of the System. The amount of the service fee may be fixed
or variable depending on the value of the product. Gintaş Online determines the service fee
and displays it to Users during billing for each order. The User's service fee shall be collected
in cash from the User upon collection or delivery of the order.
In addition to the specified service fee, the User shall pay the price of products and/or services
requested through the System, as well as the courier delivery service fee for each collection
and/or delivery requested by the User. In the event of adverse weather conditions, excessive
congestion, high demand and/or any other circumstances that may affect the provision of
delivery services by couriers, the User may be subject to a temporary increase in the fee for
such services. In any event, the delivery service fee may change in cases of force majeure
beyond Gintaş Online's control.
For orders under the delivery service, the total price of each service shall consist of a fixed
price. Gintaş Online reserves the right to modify the price according to the distance travelled
and/or the time of day on which the service is performed. Subject to these conditions, the User
has the right to know the approximate price of the service before entering into a contract and
making payment, unless the User has not specified a collection address.
4.2. Prices of Products and/or Services Offered Through
the System
The applicable prices for each service and/or product offered through the System are
determined by Merchants and may be freely adjusted. Gintaş Online makes every effort to
ensure that the prices displayed on its System are up to date and accurately reflect the actual
prices applied by the Merchant. However, in certain circumstances beyond Gintaş Online's
control, the price applied by the Merchant may differ from the price displayed in the
Application.
In such case, the Merchant shall be solely responsible for the price difference and the User
should contact the Merchant with any complaint or objection. Purchases requested through the
System shall proceed in the event of a price variation of up to 20%. If the price variation
exceeds the specified 20%, the User shall be contacted and informed of the circumstances and
available options. In any event, the User may contact the Merchant and/or its representative to
confirm the final price of the products ordered.
Merchants are free to publish disclaimers for products/services offered through the System
stating that the prices displayed in the System may differ from prices at their own
establishments. In such cases, Merchants shall be responsible for any differences, changes
and/or errors in such prices. Gintaş Online shall not interfere in any way with the
determination of such disclaimers.
All prices listed in the System include all taxes that may apply depending on the User's
operating area and, in any event, are expressed in the currency applicable in the User's
operating area.
The User acknowledges that the prices of products and services listed by Merchants in the
System may not always include packaging costs and that packaging costs may be charged
separately to the User where required by applicable law and/or standards. In particular,
without excluding any other circumstances, the User acknowledges that the price of any
plastic packaging accompanying the order may be charged separately.
The User authorizes the Agent, through a purchase and delivery request made via the System,
to personally purchase products on the User's behalf at the prices determined by the stores
where the purchase is made. All indications of such prices contained in the System are for
informational purposes only and shall never be interpreted as final or binding upon Gintaş
Online, the store or the Agent. The User may communicate directly with the Agent while the
order is being processed.
4.3. Invoicing
The User expressly authorizes Gintaş Online to electronically send invoices for contracted
services and/or services provided through the use of the System or by Agents and/or
Merchants to the email address provided by the User during registration. If an invoice is
required, the User must enter the relevant tax information in the System before placing the
order.
The User also acknowledges that, depending on the services contracted through the Gintaş
Online System, the User may receive invoices relating to delivery, transportation or
management services from the Agent.
4.4. Payment Platforms
Payment duly made by Users to Gintaş Online for any product (food, beverages, gifts, etc.)
shall enable Gintaş Online to fulfil its obligation to pay the corresponding companies and/or
establishments, as well as the specified amount for services provided by the Agent. Gintaş
Online does not act on behalf of the User, and none of the authorizations set out herein shall
be deemed to constitute a power of attorney granted to Gintaş Online.
4.5. Payment Methods
Users may pay for products and/or services in cash. When placing an order, the User shall be
informed of the different payment options available in the area where the service is requested.
Under the cash payment option, payment shall be made to Gintaş Online upon delivery of the
product and/or completion of the task at the delivery point.
4.6. Refunds
In the event of a dispute, Gintaş Online shall issue a refund. If Gintaş Online determines that a
User requesting a refund for an order has abused the System, the request shall be immediately
rejected.
Notwithstanding the foregoing, Gintaş Online shall not be required to provide any refund due
to defects in products supplied by a Merchant or delivery services provided by an Agent.
Furthermore, any refund made by Gintaş Online due to its high customer satisfaction
standards shall not be deemed a breach of this disclaimer of liability arising from Gintaş
Online's status as an ordinary intermediary.
In addition, the return of a product and the related refund shall be handled directly by the User
with the Merchant, in accordance with the Merchant's return policy and Section 5 of these
General Terms and Conditions.
5. Order Cancellation and Right of Withdrawal
5.1. Cancellation of Orders by the User
Due to the nature of the intermediary services provided by Gintaş Online, the User
acknowledges that, once the User, the Agent and the Seller have voluntarily accepted the
order, the performance of the requested service has commenced and, therefore, the User no
longer has the right to withdraw from the service request free of charge. If the User cancels
the order, the products will not be delivered. This shall be without prejudice to any right to a
refund and/or right of withdrawal that the User may have under applicable law, as set out in
Section 5.3 below.
The cancellation fee may depend on the following factors:
1. If the User cancels the order after the Agent has started processing the order, a
cancellation fee will be charged.
2. If Gintaş Online and/or the Seller is required to cancel an order for reasons that are not
directly attributable to the User but are beyond Gintaş Online's control (for example,
insufficient stock, a price change by the Seller, etc.), representatives or authorized
personnel of Gintaş Online will contact the User and inform them of the available
alternatives and any applicable costs, if any.
5.2. Cancellation of Orders by Gintaş Online
Gintaş Online reserves the right to cancel an order without providing a valid reason. Gintaş
Online will notify the User of such cancellation, and where an order is cancelled at the request
of Gintaş Online without a justified reason, the amount paid by the User for such order will be
refunded.
5.3. Returns of Non-Perishable Products. Right of Withdrawal
If the User wishes to return a non-perishable product or request a service-related remedy, the
Seller that sold the relevant product shall be solely responsible for accepting and/or rejecting
such return in accordance with its internal policies and all applicable laws. Accordingly, in all
cases, the return of a non-perishable product shall be subject to the Seller's return policy, and
the Seller shall determine whether the return is eligible.
Similarly, the Seller shall determine, in accordance with its own return policy, how the refund
will be processed and whether it will be made in cash or through another applicable payment
method.
Gintaş Online shall not be responsible for such returns or for ensuring that the Seller's return
policy complies with all applicable laws. This shall not affect Gintaş Online's ability to act as
an intermediary between the User and the Seller in resolving a complaint. In the event of a
dispute, the User shall inform Gintaş Online of the solution or remedies offered by the Seller.
The User must inspect non-perishable products delivered by the Agent at the delivery address
at the time of delivery. Accordingly, the User shall be responsible for checking whether the
services and/or products provided are satisfactory and, where they are not, for collecting
sufficient evidence to demonstrate their inadequacy.
Therefore, if the User wishes to return a non-perishable product, the User must provide a
photograph of the complete order, a list of defective or undelivered products, and any other
evidence demonstrating the inadequacy or deficiency of the products requested. In all cases,
the decision as to whether a refund is appropriate shall be made by the Seller and not by
Gintaş Online.
Gintaş Online has official complaint forms available to Users in the official languages of the
countries in which it operates in relation to the services it provides. Users may request such
complaint forms through the Gintaş Online Customer Support Service, and an option to
access the relevant form will be provided automatically.
The full address of the location from which the request is submitted must be indicated in the
User's email, and this address must correspond to the location where the service was
performed. In case of doubt, the request should be submitted from the other location
indicated.
6. Restricted Product Delivery Policy
6.1. General Policy
This section provides a non-exhaustive list of examples of items that may be legally restricted
or subject to limitations in certain countries and/or cities in which the System operates,
depending on applicable local legislation.
6.2. Specific Considerations When Purchasing Alcoholic Beverages
Users who accept these Terms of Use may view and place orders for the purchase and/or
delivery of alcoholic products through the Gintaş Online System. By placing an order, the
User confirms that they are of legal age and are legally authorized to purchase alcohol under
the applicable laws of the jurisdiction in which the order is placed.
In all cases, Gintaş Online reserves the right not to process or deliver any order, including
orders containing alcohol, to recipients who cannot demonstrate that they are the User
identified in the Gintaş Online System or who do not meet the age and/or other requirements
imposed by the applicable legislation in the jurisdiction where the order was placed. As a
result, the User shall bear the full price of the product and any costs associated with the
dispatch and cancellation of the order.
In cities where the sale and/or delivery of alcoholic products is restricted during certain hours,
the User must use the System properly and comply with the time periods during which such
activities are prohibited under applicable legislation.
In all cases, Gintaş Online reserves the right to refuse to process and/or deliver an order
containing alcohol outside the legally permitted operating hours. As a result, the User shall be
responsible for the full price of the product and any costs associated with the dispatch and
cancellation of the order.
If the User transfers their Gintaş Online account to a minor or to a person who, due to their
circumstances, may require special protection, Gintaş Online reserves the right to initiate any
legal and/or criminal proceedings necessary to protect the rights of vulnerable persons.
In this regard, Gintaş Online undertakes to use all reasonable material and human resources
available to prevent and detect such fraudulent activity. However, under no circumstances
shall Gintaş Online be responsible for the unlawful transfer of an order to another person who
has not expressly accepted these Terms of Use.
Gintaş Online recommends that all purchased alcoholic products be consumed moderately and
responsibly.
7. Monitoring and/or Modification of Content
Notwithstanding the foregoing, Gintaş Online reserves the right, using appropriate
technological means, to restrict, in whole or in part, certain Users' access to the System and to
cancel, suspend, block or remove certain types of content if it becomes aware, or has
indications, that the activity or stored information is unlawful or infringes the rights or
property of third parties.
Furthermore, Gintaş Online will not tolerate the publication of insulting language or
aggressive conduct in content published on the System against Gintaş Online, its employees,
Sellers, Agents or any other relevant party.
In this regard, Gintaş Online may implement any filters that may be necessary to prevent the
service from being used to publish unlawful or harmful content on the Internet.
Any User and/or third party may contact Gintaş Online through the Help Section of the
System to report the presence of unlawful content on the System. Gintaş Online will carefully
review each such notification, provided that the notification contains a sufficiently reasoned
explanation as to why the relevant information is alleged to constitute unlawful content,
together with a clear description and indications enabling Gintaş Online to identify the
relevant information and its storage location.
Accordingly, Gintaş Online will use all reasonable efforts to investigate the reported
information and, where it is determined to be unlawful, take appropriate measures to remove
it.
8. Geolocation
Subject to the User's authorization, Gintaş Online may collect, use and share accurate location
data, including the real-time geographic location of the User's computer or mobile device.
Gintaş Online may collect and use such location data for the purpose of displaying the starting
point and/or destination of an order to Users.
In this regard, Users expressly consent to their geolocation data being shared with any Seller
and Agent where necessary to successfully complete the requested order at any time.
9. Liabilities and Warranties
9.1. Liabilities and Warranties Relating to the System
Users are responsible for having the services and equipment necessary to browse the Internet
and access the System.
Users may report any incidents or problems relating to access to the System to Gintaş Online
through the communication channels made available to Users. Gintaş Online will analyze the
reported incident and provide the User with instructions on how the issue may be resolved as
soon as reasonably possible.
Gintaş Online does not guarantee that access to the System or its content will be
uninterrupted, error-free or continuously up to date.
Accordingly, Gintaş Online shall not be liable for service interruptions, connection failures,
the unavailability or malfunction of Internet access services, Internet outages or any other
circumstance beyond its control.
Nevertheless, except where circumstances make this difficult or impossible, Gintaş Online
will take all reasonable steps to correct errors, restore communications and update content as
soon as it becomes aware of errors, connection interruptions or outdated content.
Gintaş Online shall not be liable for any security failure or any damage that may be caused to
the User's computer system, including hardware and software, or to files or documents stored
therein, arising from:
The presence of viruses on the computer system or mobile device used by the User to
connect to the content and services of the System;
Malfunctions of the browser;
The use of outdated versions of software or applications.
9.2. Liabilities and Obligations Relating to Content
Gintaş Online does not control and is not responsible for content published through the
System by Users, Sellers or Agents. Accordingly, Users, Sellers and Agents shall be solely
responsible for the legality of such content.
Similarly, Gintaş Online does not control, nor is it obliged to control, how Users, Sellers and
Agents use the System. Therefore, Gintaş Online does not guarantee that they use the System
in accordance with these General Terms and Conditions, in a diligent and/or careful manner,
or in compliance with all applicable laws.
Furthermore, Gintaş Online does not verify, nor is it obliged to verify, the identity of the User
or the accuracy, validity, completeness and/or authenticity of the information provided by the
User.
Gintaş Online makes no warranty regarding the authenticity, accuracy, currency, reliability,
legality or non-infringement of third-party rights in information provided by Agents and/or
Sellers.
In this regard, Users acknowledge and agree that Gintaş Online acts solely as an intermediary
and is therefore not responsible for any loss or damage that may arise from information
provided by Agents and/or Sellers or from any breach of these General Terms and Conditions.
Once an order has been placed through the System and accepted by the Agent, a direct
relationship is established between the User and the Agent. Gintaş Online is not a party to this
relationship and merely provides the System to enable the parties to communicate and place
orders as necessary.
Gintaş Online does not provide any evidence or verification regarding any Agent or Seller,
including their identity or background information. Therefore, Gintaş Online advises Users to
exercise common sense and due caution whenever placing an order.
By becoming a member of the System, Users acknowledge that any legal action they may
wish to initiate arising from the acts or omissions of other Users of the System or third parties
shall be limited to those Users or third parties, and no liability claim may be brought against
Gintaş Online in this regard.
9.3. Liabilities and Warranties Relating to User Reviews
Gintaş Online shall not be responsible for the content of any review posted by any User,
regardless of whether such review is published on the System, and shall not accept liability
for any damage and/or inconvenience caused by such reviews.
Gintaş Online may ensure that only Users who have purchased a particular product or service
through the System are invited to submit reviews. However, Gintaş Online will make
reasonable efforts to prevent false, malicious or defamatory reviews.
Gintaş Online cannot systematically verify all collected reviews and therefore cannot
guarantee the accuracy or authenticity of reviews submitted by Users.
9.4. Liabilities and Obligations Relating to Products and Services Offered
Through the System
As an intermediary, Gintaş Online provides, through the System, a means by which the
relevant parties, namely Sellers, Users and Agents, may communicate with one another in
order to arrange sales transactions and, where requested, the delivery of products and services
to an address provided by the User.
Accordingly, Gintaş Online shall in no way be responsible for or guarantee any products or
services offered by Sellers or any delivery services provided by Agents, nor shall it assume
any liability in relation thereto.
Gintaş Online does not verify, and is not responsible for verifying, products shipped or
delivered through orders placed via the System. Furthermore, Gintaş Online cannot be held
responsible for their contents, preparation, handling or for providing any allergen information.
Notwithstanding the foregoing, Gintaş Online requires all Sellers and Agents to comply with
all applicable laws and the highest health and safety standards when preparing and handling
products and when providing information to Users and consumers.
Furthermore, given that all food products offered through the System are prepared and
packaged at the Seller's premises, Gintaş Online shall not be responsible for ensuring that
food orders are delivered to Users in properly sealed packaging.
In addition, product/service images displayed on the System are for illustrative purposes only,
and the final product/service purchased by the User may differ slightly from such images.
Users, Sellers and Agents shall indemnify and hold Gintaş Online harmless from any liability
arising from the availability and/or transportation of products requiring special permits or
licenses or products prohibited under any applicable legislation.
If Gintaş Online becomes aware that a User, Seller and/or Agent is using the System to
transport prohibited products, it may initiate an internal investigation to establish the facts,
take any legal action that may be necessary and/or block the relevant User, Seller or Agent
until the potential investigation has been completed.
Measures that Gintaş Online may take include providing relevant data and information
concerning Users, Sellers and Agents to the competent authorities.
Gintaş Online shall not be liable for any damage arising from the unlawful use of the System
by Users, Sellers and/or Agents, nor for any loss or damage resulting from information
provided by others to Users, Sellers and/or Agents being inaccurate, invalid, incomplete
and/or incorrect, including, without limitation, any loss or damage resulting from Users,
Sellers and/or Agents impersonating a third party in any communication through the System.
In particular, Gintaş Online shall not be responsible for any order placed by a third party
through the use of the System or through the account of a User, Seller and/or Agent.
9.5. Liabilities and Obligations Relating to Deliveries Requested Through the
Application
Gintaş Online shall not be held responsible for delivery times, as such times depend on the
successful operation of the Seller, the preparation of orders, the Agents themselves, and the
information provided by Users when placing orders, as well as their availability and
responsiveness at the time of delivery. Accordingly, delivery times listed on the System are
indicative only.
Furthermore, Gintaş Online shall never be responsible for the availability of an Agent or for
the Agent's proper and satisfactory performance of the requested tasks.
Gintaş Online shall also not be responsible for damage to or deterioration of goods. It shall be
the User's responsibility to demonstrate to the Agent and Gintaş Online that the alleged
damage or deterioration actually occurred between the time the goods were collected from
their place of origin and the time they were delivered to the User.
In such circumstances, the User should contact the Agent and Gintaş Online through the
System or other available communication channels in order to make use of any applicable
insurance policy.
However, as a platform that facilitates communication between the User and the Agent,
Gintaş Online may, to the extent reasonably possible, mediate in any dispute that may arise
between the User and the Agent during the delivery and/or handling of goods through the
System.
In the event of a dispute, the User shall be responsible for informing Gintaş Online and
contacting the Agent in order to seek compensation.
Furthermore, any complaint relating to the delivery and/or handling of goods shall be directed
exclusively to the Agent and not to the Manager.
10. Updates and Amendments to the System
Gintaş Online reserves the right to amend these General Terms and Conditions, the Privacy
Policy and the Cookie Policy at any time.
Where required by applicable law, Gintaş Online will provide prior notice of such
amendments and additions in accordance with the applicable legal requirements.
Furthermore, unless otherwise required by applicable law, Gintaş Online reserves the right to
update, supplement or delete information contained in the System, including its appearance,
presentation and conditions of access, at any time and without prior notice, and shall not
assume any liability in this regard.
11. Intellectual Property
Optinex D.O.O. is the owner or licensee of all intellectual and industrial property rights
relating to the software and the System and has assigned such rights to Gintaş Online for the
purposes of operating the System.
These intellectual property rights, including the text, images, graphic design, navigation
structure, information and content contained therein, are owned by Gintaş Online. Gintaş
Online has the exclusive right to exercise such rights in any manner permitted by applicable
intellectual and industrial property legislation, including, in particular, the rights of
reproduction, distribution, publication and transformation.
Any content uploaded to the System on behalf of any third party, including but not limited to
Users, Sellers and Agents, shall remain the property of such third party. Accordingly, such
parties shall be solely responsible for any damage, claim and/or liability arising directly or
indirectly from content published by or on behalf of them.
Notwithstanding the foregoing, Gintaş Online may not own or license certain content, such as
the names or images of companies with which it has no commercial relationship. In such
cases, Gintaş Online may obtain such content from publicly available sources, and this shall
in no way be construed as Gintaş Online having any rights or ownership interest in such
content.
The User's authorization to access the System does not constitute a waiver, transfer, license or
assignment, in whole or in part, by Gintaş Online of any intellectual or industrial property
rights.
It is prohibited to delete, circumvent, alter or otherwise modify the content of the Gintaş
Online System.
Furthermore, without the express written consent of Gintaş Online or, where applicable, the
consent of the owner of the relevant rights, it is prohibited to modify, copy, reuse, exploit,
reproduce, publish, create a second or subsequent edition of, upload, post, transmit, use,
process or distribute, for public or commercial purposes, all or any part of the content
contained in the Gintaş Online System in any manner whatsoever.
By registering with the System and accepting these General Terms and Conditions, the User
grants Gintaş Online a worldwide, irrevocable, transferable and royalty-free license in relation
to any content the User may provide to Gintaş Online, including the right to sublicense, use,
copy, modify, create derivative works from, distribute, publish and otherwise exploit such
content in any manner Gintaş Online deems appropriate, with or without further
communication with the User and without any payment being due for such use.
All of the foregoing shall be interpreted as granting such rights only to the maximum extent
permitted by applicable law.
12. Validity of Individual Contractual Provisions
If any provision of these General Terms and Conditions is determined to be invalid or
unenforceable by law, such provision(s) shall be deemed not to have been incorporated into
the agreement.
Such declaration of invalidity shall not result in the invalidity or unenforceability of the
remaining provisions, which shall remain fully valid and enforceable between the Parties.
13. Applicable Law
The relationship between Gintaş Online and the User shall be governed by and construed in
accordance with these General Terms and Conditions and the laws of the relevant country in
which Gintaş Online operates.
Unless otherwise provided by applicable law, any dispute shall be submitted to the competent
courts having jurisdiction over the location of Gintaş Online's registered headquarters in the
relevant country.
14. Customer Support and Alternative Dispute Resolution
Where necessary, in the event of incidents occurring during the processing of an order and/or
for the purpose of informing Users about changes to an order, Gintaş Online provides Users,
through the Help Section within the System, with an internal chat system enabling direct and
immediate communication between the User and the Agent during the fulfilment of the order.
If the User wishes to contact the Agent or Gintaş Online after an order has been completed,
the User must use the Help Section available within the System.
In addition, Gintaş Online shall act as an intermediary for the resolution of any request
relating to an order placed by the User, the User's account and/or any other policies and/or
services provided through the System.
For this purpose, the User shall contact Gintaş Online through the Help Section of the System.
All of the foregoing shall be without prejudice to the Users' right to submit complaints and/or
claims through all legal means available to consumers, including out-of-court and alternative
dispute resolution bodies that are legally authorized to provide dispute resolution services.
Special Terms and Conditions for Gintaş
Online Business Services
Gintaş Online operates a platform that facilitates the shipment and delivery of products for
Users, companies and professionals. The Gintaş Online Business Service (hereinafter referred
to as the "Gintaş Online Business Platform") sets out the specific terms and conditions
applicable to the services offered.
These Terms do not replace the application of the General Terms and Conditions; in all cases,
they supplement them. Gintaş Online may amend and expand these Terms at any time.
Accordingly, any matter not specifically addressed in these Special Terms and Conditions
shall be governed by the Gintaş Online General Terms and Conditions.
1. Purpose
The User may access the Gintaş Online Business Platform using their registered username and
password and may request the collection and delivery of the products they specify from one or
more collection points to one or more delivery points. Such services shall be performed
directly by the Agent.
The services requested by the User through the Gintaş Online Business Platform shall not
include the purchase of Products. They shall consist solely of intermediary services for
transporting the requested products from the collection address to the delivery address.
2. Types of Services
When using the Gintaş Online Business Platform, Users may choose from the following types
of services:
"One-way order": The products are collected from one location and delivered to a
single delivery address.
"Return order": The products are collected from one location, transported to another
address and subsequently returned to the original address from which they were
collected.
Each order may include a free-text field through which Users may add relevant comments or
instructions to provide the Agent with additional information regarding their order.
After an order has been submitted, the Agent will go to the collection point(s) specified by the
User and collect the order(s) and the corresponding confirmation on the Platform. In order to
collect the order, the Agent will present the order confirmation on the Platform.
Finally, the Agent will deliver the order to the designated delivery address(es).
Users may cancel an order free of charge until the order has been accepted by the Agent.
However, if the User cancels an order that has already been accepted by the Agent, the User
shall be required to pay 100% of the applicable cancellation fee for the ongoing order.
If the Courier arrives at the delivery address and the recipient of the Order does not appear
after 10 (ten) minutes of waiting and attempts to contact the recipient, the Order will be
returned by the Courier to the original collection address.
In such circumstances, Gintaş Online shall be entitled to charge the User for any additional
costs incurred in connection with the new service.
Such additional costs shall include the delivery fee for the distance travelled to the delivery
location.
If the User experiences any problem while placing an order, the User should contact Gintaş
Online's support service.
The Gintaş Online Business Platform shall be available on the days and during the hours in
which the Platform is active.
The size of packages that may be transported by Agents may be subject to certain restrictions
and must comply with the limitations set out in Section 3.3 of the General Terms and
Conditions of Use and Contract.
Products must be located in cities in which Gintaş Online operates, and the collection and
delivery points must also be located within the same cities and service areas in which Gintaş
Online provides its services.
3. Gintaş Online Business Service Fee
The price of each order shall consist of a fixed fee, including any indirect taxes that may be
applicable under the law (hereinafter referred to as the "Fee").
Gintaş Online reserves the right to modify the price depending on the time at which the order
is placed and/or the distance involved.
Subject to these Terms, Users shall have the right to know the approximate Fee payable
before submitting their orders.
The Fee may be changed due to force majeure events occurring beyond Gintaş Online's
control that result in an increase in the amount payable.
The Fee may also increase if the Customer subsequently provides additional information to
the Agent, for example, by changing the collection and/or delivery addresses or adding an
address to the original order.
Payment for the service provided shall be made by the User in cash.
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