Terms & Conditions for Costumer
Welcome to Surplus app. Surplus App’ mission is to raise awareness of food waste by making surplus food available for collection before a food store closes its business for the day or night (the “Concept”).
We provide a way for the end user (“Customer”) to communicate his or her orders for surplus food (“Products”) at food stores, restaurants, supermarkets, bakeries, hotels, gas stations, etc. (“Stores”) displayed on the Platform (the “Service”).
The legal contract for the supply and purchase of Products is between the Customer and the relevant Store. Surplus has no control over the actions or omissions of any Stores.
These terms and conditions (“Terms”) issued by Surplus apply to any sale of Products carried out via the Surplus websites or app (“Platform”) to Customers.
While Surplus tries to ensure that the Platform is normally available twenty-four (24) hours a day, Surplus does not undertake any obligation to do so, and will not be liable to the Customer if the Platform is unavailable at any time or for any period.
When placing an order on the Platform, the Customer confirms:
to be a consumer shopping for personal purposes
in the possession of a valid debit, credit card or other payment mean available for payment on the Platform.
When placing an order, the Customer accepts these Terms and therefore the Customer is required to review the Terms thoroughly before placing an order on the Platform.
By accepting these Terms, the Customer agrees to receive all relevant information in English. Furthermore, the Customer accepts that all agreements between the Customer and Surplus will be stored by Surplus for a period of 5 years.
Furthermore, by accepting these Terms, the Customer agrees to receive emails and text messages related to any orders placed by the Customer. This is required in order to ensure that the Customer receives all essential notifications related to the order.
Surplus reserves the right to revise and amend the Terms from time to time. The Customer’s order will be subject to the Terms applicable at the time when the Customer placed the order, (see clause 4).
2. Surplus’s contact information and customer servic
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Surplus is exclusively arranging the contract between the Customer and the Store and Surplus has no responsibilities in respect of the Products or fulfilment of the contract between the Store and the Customer.
Surplus does not, in any way, manufacture, sell, purchase, store, prepare, produce, process, mark, pack, deliver or handle the Products. Surplus has no responsibility for the fulfilment of the contractual obligations towards the Customer or the Products, including the manufacturing, sale, purchase, storage, preparation, production, processing, marking, delivery, quality, ingredients, allergens or handling of the Products, and the compliance with applicable legislation, including with respect to the above.
The Customer can find information about the Products and a description of the Products on the Platform.
The description is only instructive and for the purpose of giving the Customer the best prerequisites for evaluating selected Products before making the purchase. There may be instances where the Platform is not updated and where the actual product range, stocked item etc. is not as stated on the Platform. In such cases, Surplus is of no liability. Stores are responsible for providing information about the Products and ensuring that it is factually accurate and up-to-date. Surplus does not undertake any such responsibility. If the Customer is in doubt about allergy warnings, contents of a dish or any other menu information, the Customer shall confirm with the Store directly before ordering.
4. Order Confirmation and invoice
A list of Stores can be found in the app. If the Customer has allowed the app to use location services, the app will track the Customer’s location and the app will show a list stores near the Customer. Once the Customer has selected the Store and Product, the Customer will be given the opportunity to submit his or her order by clicking “buy”, “reserve”, “place my order” or a similar button. It is important to check the Store and Product before clicking or selecting this button; once the Customer does so Surplus will start processing the order and errors cannot be corrected.
The supply of Products on the Platform is only an invitation to the Customer to place an order.
Upon receiving the order, Surplus will begin processing it by sending the order to the relevant Store. Surplus will notify the Customer, that the order has been received and is being processed. Please note that any confirmation page that the Customer may visit on the Platform merely indicates that the order has been received and is being processed and does not mean that the order has been accepted by the Store. Thus, the agreement between the Customer and the Store is not final until the Customer has received a receipt in the app (“Order Confirmation”).
Please note that due to the nature of the Concept, Products may be sold out. Surplus accepts no liability in this regard. The Store may cancel the order placed by the Customer until 5 minutes before pick-up time. If a Store cancels an order the Customer will receive an notifications/email/SMS (provided that the relevant contact information given by the Customer is correct).
5. Order Confirmation and invoice
After placing the order, the Customer will receive an Order Confirmation by email and on the Platform. This means that the order is accepted (subject to cancellation as set out herein). The Order Confirmation should be saved by the Customer. The Order Confirmation will contain information regarding the order placed by the Customer and the Customer’s name, address, payment information, the Products ordered, price, terms of payment, time and place of pick-up and a link to the Terms accepted by the Customer.
All prices are indicated in the currency of the country in which the Store is located and include applicable PPN but may exclude any online payment administration charges, unless otherwise specified. Any fees related to the order and payment will be calculated and listed when the Customer places the order. Errors in prices indicated on the Platform can occur.
The Customer can pay with several brands of debit, e-wallet and credit cards as well as other payment methods made available on the Platform.
If using a credit or debit card, the Customer must enter his or her card number, the expiration date and the security code when placing an order. Before adding any credit card information, Surplus will ask for the
Customer’s consent for Surplus to save the credit card information for future purchases. The saved credit card information can always be deleted in the app by the Customer. Surplus will only keep a payment token to process your payment.
The Payment Service Provider needs to collect payment information (credit card information), as it is necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations), without it, you will not be able to use the Surplus platform.
Upon placing a purchase order, the amount stipulated by the Store for the Products (“Purchase Price”) is reserved on the Customer´s account according to the chosen payment method (“Account”). The Purchase Price is charged to the Customer´s account after pick-up of the Products. The Purchase Price is collected by Surplus from the Customer on behalf of the Store. Surplus may amend, modify or restructure the payment procedure for its Customers, as it deems reasonable.
The Platform uses PCI compliant Payment Service Providers. Payment by debit or credit card on the Platform is safe and certified by the card issuer. All payments are made through an encrypted internet connection.
If the Customer’s credit card or payment method is rejected when trying to pay for an order, the Customer should verify that the entered information is correct.
In some cases, Surplus may receive an error code when a Customer’s credit card or payment method is rejected. The error code makes it possible to identify the cause of rejection. In order to give the Customer the opportunity to correct the error, Surplus may inform the Customer in the app about why the credit card or payment method was rejected.
If the Customer has corrected the error and the credit card is still rejected, Surplus recommends that the Customer contacts his or her bank.
Due to standard banking procedures, once the Customer has submitted an order that is paid for by credit or debit card and the payment has been authorized, the bank or card issuer will reserve the full amount of the order. If the order is subsequently rejected by the Store or cancelled for any other reason, the bank or card issuer will not transfer the funds for the order to Surplus and will instead refund the Customer by releasing the relevant amount back into the Customer’s available balance. However, this may take up to 10 working days (or longer, depending on the Customer’s bank or card issuer), and Surplus does not have authority to make enquiries to a Customer’s bank or card issuer on specific payment issues - he Customer must do so.
By accepting these Terms, the Customer acknowledges and agrees that Surplus is not responsible or liable to the Customer in relation to the above.
Products ordered on the Platform must be picked-up by the Customer at the stated pick-up address. The pick-up time will normally be a time period of 15-45 minutes but can be both shorter and longer. Store description and details about when and where the Products can be picked up will appear on the Platform and in the Order Confirmation. If the Customer arrives at the pick-up address before the specified pick-up time, the customer should wait outside for the sake of the Store’s customers. If the Customer arrives late, the Store may be closed. Customers are requested to show respect for the Store´s guests and personnel. Any unacceptable behavior may lead to the Customer being banned from the Platform and the Store.
If the Customer does not pick up the order on time, the Store is entitled to keep the product or sell the Product to another party, without any liability to the Customer, and Surplus is entitled to charge the Purchase Price from the Customer.
Upon pick-up, the Customer must show his or her Order Confirmation in the Surplus app to the Store’s employees, after which they will “swipe” the receipt and hand out the Products ordered. It is the Customer’s responsibility to ensure that the Order Confirmation in the app can be shown at pick-up. The Customer is required to make sure that the Products and number of Products delivered correspond to the Customer’s order.
Surplus is not liable or responsible for any failure to perform or any delay in the performance of any obligations relating to the Products or Services.
Further, Surplus is not liable or responsible for any failure or non-compliance with respect to its Services if such failure is caused by circumstances outside Surplus’s control. Such circumstances include but are not limited to disruptions in the operation of Surplus and/or the Store as a result of legislation, acts of state or public authorities, acts of war, terrorism, strikes, physical blockades, lockouts and natural disasters.
9. Right of cancellation
Since the Products are perishable goods, the Customer is not entitled to cancel the order during the pick-up
Due to the nature of the Concept, Surplus or the Store may cancel the order up until 5 minutes before the time of pick-up in the event the Store does not have any surplus food. In this case, the Customer will receive a cancellation notification from Surplus or the Store via email and/or SMS provided that the contact information provided to Surplus is correct. The Customer will not be charged by Surplus.
The reason for the cancellation rights described above is to ensure that the food is used and thereby to limit food waste.
10. Right of complaint
It is advised, that the Customer verifies the content of the deliveries upon receipt.
In case of a complaint, the Customer shall contact Surplus by sending an email with the order no., information & pictures about the Products and why the Customer is unsatisfied. After receiving the complaint, Surplus will process the complaint in cooperation with the Store if relevant and the Customer will receive a reply from Surplus within 10 business days.
11. Customer reviews
In particular (but without limitation), any reviews that the Customer submits through the Platform may not:
contain any defamatory, obscene or offensive material;
promote violence or discrimination;
infringe the intellectual property rights of another person or legal entity;
breach any legal duty owed to a third party (such as a duty of confidence);
promote illegal activity or invade another’s privacy;
give the impression that they originate from us; or
be used to impersonate another person or to misrepresent your affiliation with another person.
The prohibited acts listed above are non-exhaustive. Surplus reserves the right (but does not undertake, except as required by law, any obligation) to remove or edit at any time any reviews posted, uploaded or transmitted to the Platform if Surplus determines that the review breaches one or more of the prohibitions mentioned above, is otherwise objectionable or may expose Surplus or any third parties to any harm or liability of any type, or for any other reason.
The reviews contained on the Platform are for information purposes only and do not constitute advice from Surplus. Reviews reflect the opinions of customers who have ordered through the Platform or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, Surplus assume no responsibility or liability to any person for any reviews, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that the Customer may encounter in any such reviews.
12. Customer behaviour
If a Customer in any way misbehaves, insults the employees or other customers of a Store or Surplus, commits a crime against or in the Store or Surplus, violates the code of conduct rules of the Store or Surplus or conducts similar behavior, Surplus may, at Surplus discretion, ban or suspend the Customer from the Platform and the Services.
13. Intellectual Property
The Customer may use the Platform and print and download extracts from the Platform for his or her personal non-commercial use on the following basis:
The Customer must not misuse the Platform (including hacking or “scraping”).
Unless otherwise stated, the copyright and other intellectual property rights in the Platform and in material published on it (including without limitation photographs and graphical images) are owned by Surplus or Surplus’s licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Platform other than in accordance with this clause 12 is prohibited.
The Customer may not modify the digital or paper copies of any materials that he or she prints in accordance with this clause 12 and the Customer may not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
The Customer shall ensure that Surplus’s status as the author of the material on the Platform is always acknowledged and referenced.
The Customer is not allowed to use any of the materials on the Platform or the Platform itself for commercial purposes without obtaining a license from Surplus to do so.
Except as stated in this clause 12, the Platform may not be used, and no part of the Platform may be reproduced or stored in any other Platform or included in any public or private electronic retrieval system or service, without Surplus’s prior written permission.
14. Governing law
These Terms and any contract for the purchase of Products are subject to the laws of the country in which the Store is located.
Any dispute arising out of or in connection with these Terms shall – where such dispute cannot be settled amicably – be decided by the courts of the country in which the Store is located.