User Terms of Service - Estonia

Commission and Service fee: https://www.ezy.ee/commissions-and-service-fees

By using the Ezy.ee Service, you agree to be bound by these User Terms of Service (“Terms of Service”).
Please read the following Terms of Service carefully before using the Ezy.ee Service. If you do not agree with the Terms of Service, you cannot use the Ezy.ee Service. These Terms of Service apply to any use of the Ezy.ee Service and to the Purchase Agreements made hereunder. A more detailed description of the Ezy.ee Service and information on system requirements is available at  Ezy.ee
If you have a Ezy.ee for Work Account, these Terms of Service also apply to our customer organization which has granted you the Ezy.ee for Work Feature (“Customer Organization”) with respect to Orders made by you through the Ezy.ee for Work Feature. If there is any discrepancy between these Terms of Service and the Ezy.ee Corporate Terms & Conditions applicable to the Customer Organization, the Ezy.ee Corporate Terms & Conditions shall, however, prevail.
The Terms of Service are concluded between us and the User only, and not with Apple Inc., and Apple Inc. is not responsible for the Ezy.ee App or the content thereof. You agree that Apple Inc., and Apple Inc.’s subsidiaries (“ Apple ”), are third party beneficiaries of the Terms of Service, and that, upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third party beneficiary thereof.

1. Definitions
"Courier Partner" means an independent contractor who has signed a partner agreement with Ezy.ee and that is a natural or legal person, or their substitute, performing delivery services through Ezy.ee Service.
“ Partner ” means a restaurant, retail shop or other service partner who has signed a partner agreement with Ezy.ee, or their substitute, and who, as a trader, offers its products and delivery or other services for sale through the Ezy.ee Service. Unless otherwise specified in the Ezy.ee Service, all Partners are traders within the meaning of consumer protection laws of your country.
“Purchase Agreement” means an agreement for the purchase of Partner’s products and possible delivery or other services made on an Order. With respect to Orders placed through the Ezy.ee for Work Feature, the Purchase Agreement forms a binding agreement between the Partner and the Customer Organization. With respect to Orders placed through any other payment method of the User, the Purchase Agreement forms a binding agreement between Partner and the User. 
“User” or “you” means a natural person using the Ezy.ee Service. The User must be of the age of 18 or older.
“ Ezy.ee ” means:
Ezy.ee Balabanlar OU, Kanglaste 34 Narva, Estonia, if User is located in Estonia,
“Ezy.ee App” means a digital application called Ezy.ee provided by Ezy.ee for natural and legal persons to order products from Ezy.ee’s Partners.
“Ezy.ee for Work Account” means a user account in the Ezy.ee App onto which the Ezy.ee for Work Feature has been added.
“Ezy.ee for Work Feature” means the payment method and feature of the Ezy.ee App through which the Customer Organization’s authorized Users can make Orders at the Customer Organization’s cost.
“Ezy.ee Service” means both Ezy.ee App and Ezy.ee website Ezy.ee and other additional locations as mentioned at Ezy.ee.

2. Identity of Ezy.ee
Ezy.ee Balabanlar OU, Knaglaste 34 / 8, Narva Estonia, business ID 12207491:, if User is located in Estonia
Trade name: “Ezy.ee",
Email address: mail.ezy.ee@gmail.com
*Please note that while the Ezy.ee Service is legally provided to you by your local Ezy.ee entity in these countries, the payment service is arranged by Ezy.ee Balabanlar OU through a third party payment service provider. This also means that Ezy.ee Balabanlar OU will assist you with possible refunds, complaints and other claims related to your transactions in the Ezy.ee Service. You may thus contact Ezy.ee Balabanlar OU directly at the contact details provided above in case of any dispute or claim related to the Ezy.ee Service with Ezy.ee and the Partners.
Information about the identity and products and services of the Partners are provided in the Ezy.ee Service.

3. Description of the Ezy.ee Service
3.1. Ezy.ee provides a technology platform that connects Users, Partners and Courier Partners. Ezy.ee's technology permits the Users to place orders for food and/or other goods from various Partners and Users may also order delivery services. Ezy.ee is not a restaurant, delivery company, or food preparation business.
3.2. The Partner provides the information about their products and possible services in the Ezy.ee Service, including but not limited to information on product characteristics, allergens and instructions of use. If you have allergies or other dietary restrictions or for other reason wish to receive more detailed information about the products, please contact the relevant Partner. You can also contact Ezy.ee's customer support who can contact the Partner on your behalf for such enquiries. The Partner is however responsible for providing accurate, up-to-date and legally required information about the products, including providing information on applicable prices and indicating the price per unit where required under applicable laws. Please note that the sale and purchase of the Partner’s products and possible services may be subject to additional terms and conditions of the Partner or Ezy.ee on a case-by-case basis as set out in the Ezy.ee Service.
3.3. When selecting the Partner’s products and services that the User wishes to purchase from the Partner, the User makes a binding order to purchase the products and services from the Partner on the terms and conditions presented to the User herein and in the Ezy.ee Service before placing the order (“the Order”). After having received the Order, Ezy.ee will transmit the details of the Order to the Partner. When the Order is accepted by the Partner and Ezy.ee has provided the User with an order confirmation on behalf of the Partner, the User or the Customer Organization and the Partner enter into the Purchase Agreement for the purchase of the Partner's products and, if applicable, delivery or other services. In some cases, the Purchase Agreement for the purchase of the delivery service is entered into with Ezy.ee instead of the Partner, as reflected on the receipt. Ezy.ee will provide the User with a receipt on behalf of the Partner, unless regulation in the country where the User is located requires that the Partner provides the receipt directly to the User, for the products and, to the extent applicable, for the delivery services. The fulfilment of the Order is subject to availability, and Ezy.ee reserves a right, in its sole discretion, to cancel or not to accept an Order.
3.4. If delivery services are ordered, the platform notifies a Courier Partner that a delivery opportunity is available and the technology facilitates completion of the delivery to the User. Partners or Ezy.ee charge Users a delivery fee and service fee for the delivery services as defined in more detail in the Ezy.ee Service where relevant.
3.5. The Partner selected by the User will prepare and/or collect and pack the products set out on the Order. Ezy.ee is not responsible or liable towards the User for the proper execution of the Purchase Agreement by the Partner. While Ezy.ee is not ultimately liable for the delivery services provided by Courier Partners, Ezy.ee may facilitate any compensation to Users for faulty delivery services.
3.6. When you use the Ezy.ee Service, there may be a minimum value for purchase required, in which case you will be notified thereof before you make the Order on the Ezy.ee Service. Where an Order fails to meet the minimum required value, you will have the possibility to pay the difference to meet the minimum value or to add more products to your Order. The Partner determines in its sole discretion the selection and pricing of their products available on the Ezy.ee Service. The Partner may also impose certain restrictions on your Order, such as quantity limits and size limitations of the Order. The Partner is responsible for informing you of any limitation relating to the availability of any products. User accepts that in case a certain product is temporarily unavailable, the Partner will fulfill the remaining part of your Order without including the unavailable product in the Order. You will not be charged for products that are unavailable at the time of placing the Order.

4. Right of revocation
4.1. You cannot withdraw from or cancel an Order for products or services once you have placed it, unless explicitly provided otherwise in these Terms of Service. Prior to placing an Order for a product or service you should carefully review your selection.
4.2. If you are a consumer, you are entitled to a right of revocation in accordance with the statutory provisions of the country where you are located. Consumer in the sense of these Terms of Service means any natural person who uses the Ezy.ee Service and places Orders for a purpose which predominantly cannot be attributed to their commercial or their self-employed professional activity.
4.3. Ezy.ee follows the limitations of consumers' statutory cancellation rights as set out in applicable laws, according to which the right of revocation shall not exist for Purchase Agreements concerning certain items, including, but not limited to, the following:
products such as foodstuffs which are perishable or which may quickly pass their expiration date,
products made to your specifications or clearly personalized,
sealed products which are not suitable for return due to health protection or hygiene reasons, if such products were unsealed after the delivery,
products which, according to their nature, are inseparably mixed, after delivery, with other items,
sealed games, movies or computer software which were unsealed after delivery.
4.4. You have the right to revoke the Purchase Agreement of products, for which the right of revocation exists, within 14 days from the day of delivery of the products on the Order without giving a reason for the cancellation. In order to exercise your right of revocation, you must inform Ezy.ee of your decision to cancel by means of a clear statement (e.g., an email or a message sent through Ezy.ee’s in-app customer service chat) within the said time period of 14 days. The Partner as the trader of the products on your Order has authorized Ezy.ee to receive the revocation notification on the Partner’s behalf. In case the Partner has chosen to offer a longer cancellation period than 14 days, such a period will apply to Orders made through the Ezy.ee Service if explicitly mentioned in the descriptive details for the Partner on the Ezy.ee Service. If you wish, you can use the below model revocation form for making the revocation notification by filling in the information in the form and sending the information to Ezy.ee, which information shall also be forwarded by Ezy.ee to the respective Partner:
Model revocation form
-          To: [insert the name of the Partner, the Partner’s address and the Partner’s email address]:
-          Herewith I/we (*) revoke the agreement concluded with me/us (*) regarding the purchase of the following goods (*)/ the provision of the following services (*)
-          Ordered on (*)/received on (*)
-          Name of the consumer(s)
-          Address of the consumer(s)
-          Signature(s) of the consumer(s) (only in case of notification on paper)
-          Date
(*) Delete as applicable.
4.5. If you revoke the Purchase Agreement, Ezy.ee will refund to you all payments we have received from you, including the delivery fee (and service fee where applicable) no later than 14 days from the date on which we received notice of your revocation of the Purchase Agreement or a part thereof. Note that the delivery fee (and service fee where applicable) will not be returned in case of only a partial revocation of your Order.
4.6. For making the refund, we will use the same means of payment as you used for the original purchase of your Order, unless expressly agreed otherwise with you. Note that if you paid for the Order with Ezy.ee credits, we shall refund you in Ezy.ee credits. Ezy.ee may refuse a refund until the Partner has received the products back or until you have provided proof that you have returned the products, whichever is earlier.
4.7. You must return or send the products to the same Partner in the same location from which you made the Order. The contact details of the Partner’s point of sale are available on the Ezy.ee Service. You have to return the products to the Partner as soon as possible and in any case no later than 14 days after the day on which you notified us of the revocation of the Purchase Agreement. This period is deemed to have been observed if you dispatch the products before the expiry of the period of 14 days.
4.8. You shall bear the direct costs of returning the products. The returned products have to be in an unused condition and capable of being resold. You shall be liable for any loss in value of the products if such loss in value is due to handling of the products that is not necessary for testing their condition, properties and functionality.
4.9. Sometimes it may be possible that some of the Partner’s products that you wish to purchase through the Ezy.ee Service are temporarily out of stock. For such cases and to the extent the Partner has enabled substitutions, you may choose, prior to confirming your Order, whether you want to allow the Partner to substitute a missing item with a similar item. If you have allowed substitutions for a certain or all items in your Order, the Partner will substitute such missing items in accordance with the following principles: (i) the substitute will be chosen based on what the Partner considers to be the most appropriate substitute so that it corresponds as much as possible to the quantity, quality and price of the original item in the Order; (ii) substances typically causing allergies shall be carefully taken into account so that for example a lactose-free item is only substituted with a lactose-free item and a gluten-free item is only substituted with a gluten-free item; (iii) diet or light drink is substituted with a diet or light drink; (iv) organic is substituted with organic; and (v) domestically produced is substituted with domestically produced. You will not be charged for any additional fees or costs for a substituted item compared to the price of the original item in your Order. Should the price of the substitute be lower than the price of the original item in your Order, you will be charged the price of the substitute item.

5. User Accounts
5.1. You have a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Ezy.ee Service in the form offered to you by us from time to time solely for the purposes set out herein. The license granted to the User for the iOS Ezy.ee App downloaded from Apple’s App Store is further limited to a license to use the Ezy.ee App on any Apple-branded products that the User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service and these Terms of Service.
5.2. In order to use the Ezy.ee Service, the User must create a user account by following the registration instructions in the Ezy.ee Service. The Ezy.ee Service credentials are personal (unless otherwise agreed between Ezy.ee and the Customer Organization). The User shall ensure that any user account credentials and equivalent information required to access the user account of the User or the Customer Organization are kept confidential and used in a secure manner not accessible by third parties. A User may have only one personal user account.
5.3. Where it is suspected that any unauthorized person has become aware of a User’s user account credentials or has access to the user account of the User, the User shall immediately inform Ezy.ee thereof. The User shall be responsible for any use of the Ezy.ee Service and any activity under the user account of the User.
5.4. In order to use the Ezy.ee Service, you must submit valid credit card or other payment method information to Ezy.ee. Ezy.ee does not store information of your payment instrument, as this is done by a third party payment service provider used by Ezy.ee. You agree to pay for all purchases arising from your use of the Ezy.ee Service except for purchases made through the Ezy.ee for Work Feature at the Customer Organization’s cost. You must keep the credit card and other payment information that you have submitted to your user account updated.

6. Payments
6.1. The User, or the Customer Organization in case of Ezy.ee for Work Account, will pay the purchase price set out in the Order by using the relevant payment functionality of the Ezy.ee Service. Ezy.ee, or the Ezy.ee group company authorized by Ezy.ee, collects all payments from the Users or the Customer Organizations on behalf of the Partner. If the Order is made by using the Ezy.ee for Work Feature, the User confirms the payment on behalf of the Customer Organization through the Ezy.ee for Work Feature. The User’s or Customer Organization’s payment obligation shall arise upon placing an Order through the Ezy.ee Service.
6.2. The User may fulfil this payment obligation only by using the relevant online payment method provided in the Ezy.ee Service. When the User, or the Customer Organization in case of Ezy.ee for Work Account, has paid the purchase price to Ezy.ee, the User or the Customer Organization has fulfilled its payment obligation towards the Partner.
6.4. The payment will be automatically charged from the User’s credit card or charged through the Customer Organization’s Ezy.ee for Work Feature, upon delivery of the Order. Ezy.ee is entitled to make an authorisation hold on behalf of the Partner on the User’s credit card or Customer Organization’s Ezy.ee for Work Feature once the Order has been placed through the Ezy.ee Service. Ezy.ee uses a third party payment service provider for processing of payments.
6.5 In certain situations and payment methods the purchase price may vary slightly due to technical foreign exchange rate exchanges between currencies as part of the payment process. Ezy.ee assumes no liability in these currency conversion differences and cannot predict the exact amount to be charged when using payment instruments subject to foreign exchange rate conversions.
6.5. When you add products sold by weight in your Order, Ezy.ee will not know their exact weight until the products are weighed by the Partner. For such weight-based products, any price per product shown on Ezy.ee Service is only an estimate given by the Partner. The final price of the weight-based product in your Order will be determined and charged based on the actual weight of the product you receive. To cover for possible price adjustments caused by weight variation, Ezy.ee will make a temporary authorization hold on your card, or, in case you have chosen Cibus as your payment method, a temporary charge. The amount of the temporary authorization hold or charge will be at maximum 20% of the value of weight-based products included in your Order. In case the product in your Order weighs less than as indicated in your Order confirmation, Ezy.ee will refund you the price difference. In case the product in your Order weighs more than as indicated in your Order confirmation, Ezy.ee will charge you the price difference from the temporary authorization hold or charge made for weight-based products. Any part of the temporary authorization hold or charge that is not needed for covering for a price adjustment will be returned or refunded to your card. Please note that for payments made with Cibus, any refund will be made in Ezy.ee credits.

7. Ezy.ee credits, Loyalty Points and tokens
7.1. The Users of the Ezy.ee Service can obtain Ezy.ee credits or tokens e.g. by inviting new users to sign up to the Ezy.ee Service ("Referral Program"). Under the Referral Program, Ezy.ee may offer its Users the opportunity to earn the opportunity to earn Ezy.ee credits or tokens as promotional rewards by inviting their eligible friends to register as new Ezy.ee Users and place their initial order through the Ezy.ee Service. For each qualified referral, the User may receive credits or tokens as specified on Ezy.ee Referral Program Terms. You agree that we may change the terms and conditions of the Referral Program or terminate the Referral Program at any time.
7.2. The Users of Ezy.ee Service can also obtain Ezy.ee credits or tokens through promotional campaigns established by Ezy.ee from time to time. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Ezy.ee; (iii) are subject to the specific terms that Ezy.ee establishes for such promotion or campaign. For instance, promotional offers may be available for certain Users only or may be limited to be used through specific Partners or at a specific time of the day.
7.3. Ezy.ee may unilaterally determine the conditions applicable to the granting, use and validity of the Ezy.ee credits and tokens.
7.4. Any signing-up bonus credits or tokens can be used only once.
7.5. The Users can use Ezy.ee credits and tokens to get discount on their purchases only in the Ezy.ee Service and subject to the specific terms of conditions of the specific campaign or promotion. Ezy.ee credits and tokens cannot be exchanged to cash. The validity period of the Ezy.ee credits and tokens you may have received is specified in the Ezy.ee Service. Upon expiration, credits and tokens will be removed from your account. Expired credits and tokens are no longer redeemable and cannot be used towards any order.
7.6. The Ezy.ee credits and tokens will be nullified if Ezy.ee detects any abuse of Ezy.ee credits or tokens or suspects or detects that Ezy.ee credits or tokens have been granted on incorrect grounds. In such cases, Ezy.ee shall invoice the amount that was paid using such Ezy.ee credits or tokens.

7.7 Loyalty Points resets once a month

8. Delivery of an Order
8.1. If the User orders the delivery of the Order through the Ezy.ee Service, the Order will be delivered to the location confirmed by the User in the Ezy.ee Service. The User also has to provide a street address for the confirmed location in the Ezy.ee Service. If no-contact delivery is applied to your Order, please note that the goods shall be deemed to be delivered when they are left at the door and the Courier Partner marks the Order status as "delivered" on the Ezy.ee Service after which you bear the risk of the items in the Order.
8.2. The User must be available to receive calls at the phone number the User has submitted to the Ezy.ee Service. If the phone number provided by the User cannot be reached, the delivery may be cancelled by Ezy.ee or the Partner and the User or Customer Organization may be charged for the full price of the Order.
8.3. The User may place an Order to be delivered as soon as possible (standard delivery method) or by pre-ordering a certain delivery time, to the extent these options are available on the Ezy.ee Service at the time of placing the Order.
8.4. Standard delivery option: The User must be present at the confirmed location set out in the Order between the time of making the Order until the products set out in the Order have been received. If the User is not available at the location they have confirmed within five minutes of the arrival of the delivery of the ordered products and the User does not respond after two contact attempts by the Courier Partner making the delivery, the delivery may be cancelled by Ezy.ee or the Partner and the User or Customer Organization may be charged for the full price of the Order.
8.5. “Pre-order” delivery option: the User must be present at the confirmed location between ten minutes prior to the pre-ordered delivery time until the moment of delivery in the Order to receive the Order.

9. Picking up and collecting an Order at the Partner’s point of sale
9.1. If the User has not ordered delivery of the Partner’s products set out in the Order, but the collection at the Partner’s point of sale, the products can be collected at the point of sale of the Partner the User has chosen in connection with the Order. The User will receive a separate electronic confirmation when the products are ready for collection. The Partner or Ezy.ee may set conditions for the identification of the User when picking up the products set out in the Order.
9.2. The Partner shall retain the ordered products for 60 minutes after the Partner has notified the User that the Order is ready for collection. However, this obligation is limited to the opening hours of the particular Partner’s point of sale and the Order has to be collected before the closing time of said point of sale of the Partner.

10. Eat-in Order
10.1. If the User has selected the option to consume the products set out in the Order at the point of sale of the Partner, the User will receive a separate electronic confirmation about the expected time of when the products will be ready to be consumed at the Partner’s point of sale.

11. Time estimates
11.1. Any delivery time or pick-up time or other time estimate communicated to the User by the Partner or Ezy.ee in the Ezy.ee Service are only estimated times. There is no guarantee that the Order will be delivered or available for pick-up or consumption at the estimated time. Delivery times of the products may also be affected by factors such as traffic jams, rush hours and weather conditions.

12. Intellectual Property Rights
12.1. All Intellectual Property Rights in or related to the Ezy.ee Service and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Ezy.ee and/or its affiliates/subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.
12.2. These Terms of Service do not grant the User any Intellectual Property Rights in the Ezy.ee Service and all rights not expressly granted hereunder are reserved by Ezy.ee and its subcontractors/licensors.
12.3. Apple shall not be responsible for any investigation, defense, settlement or discharge of any claim that the iOS Ezy.ee App or your use of it infringes any third party intellectual property right.
12.4. User grants to Ezy.ee a worldwide, royalty-free, sublicensable, and transferable right to use, modify, reproduce, distribute, display and publish any content provided by User in connection with the Ezy.ee Service. Such content may include photographs, data, information, feedback, suggestions, text, and other materials that are uploaded, posted or otherwise transmitted relating to the Ezy.ee Service.

13. Additional Provisions for use of the Ezy.ee Service
13.1. The Ezy.ee Service is only available to persons of the age of 18 years or older. You may not register as a User if you do not fulfill this requirement.
13.2. The User shall observe all applicable rules and regulations when using the Ezy.ee Service, including with respect to the purchase of alcohol and tobacco products, medicine and other age-restricted products. To the extent delivery of age-restricted products, such as alcoholic beverages or tobacco products, is available in the country where the User is located, the User may be refused delivery of age-restricted products in case the User is unable to provide a valid government-issued photo identification document to Ezy.ee’s Courier Partner delivering the Order proving that the User is of legally required age to purchase the product(s). The User may be refused delivery of age-restricted products also in other cases stipulated by applicable rules and regulations in the country where the User is located, such as for alcoholic beverages if the User is showing signs of intoxication. In case the delivery of age-restricted product(s) is refused due to reasons described herein, Ezy.ee has the right to charge from the User two times the value of the delivery fee (and service fee if applicable) that the User paid for the Order in question as compensation for having to return the age-restricted product(s) to the Partner.
13.3. Ezy.ee is constantly developing the Ezy.ee Service and Ezy.ee may change or remove different parts of the Ezy.ee Service, including features, the products and Partners available in the Ezy.ee Service in part or in whole.
13.4. By using the Ezy.ee Service, the User may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Ezy.ee generally does not review content provided by the Partners. Ezy.ee is not responsible for third parties' (including the Partners') content or information or for any damages arising as a result of the use of or reliance on it.
13.5. You or the Customer Organization shall be responsible for obtaining and maintaining any devices or equipment (such as telephones) and connections needed for access to and use of the Ezy.ee Service and all charges related thereto.
13.6. The User will not: (i) use or attempt to use another person’s personal Ezy.ee account and/or access another person’s personal payment data through the Ezy.ee Service or use another person’s personal payment cards when using the Ezy.ee Service, without consent of that other person; (ii) copy, modify or create derivative works of the Ezy.ee Service or any related technology; (iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Ezy.ee Service or any related technology, or any part thereof; (iv) remove any copyright, trademark or other proprietary rights notices contained in or on the Ezy.ee Service; (v) remove, cover or obscure any advertisement included on the Ezy.ee Service; (vi) collect, use, copy, or transfer any information obtained from the Ezy.ee Service without the consent of Ezy.ee; (vii) use bots or other automated methods to use the Ezy.ee Service; (viii) create a Ezy.ee account using a fake identity or an identity of another person; or (ix) access the Ezy.ee Service except through the interfaces expressly provided by Ezy.ee, such as the Ezy.ee App and Ezy.ee Website.
13.7. Ezy.ee is, at its sole discretion, entitled to remove or suspend a User from the Ezy.ee Service with immediate effect and/or refuse or cancel any Orders from a User if: (i) the User abuses the Ezy.ee Service or causes any harm or detriment to the use of the Ezy.ee Service or the Partners or Ezy.ee or Ezy.ee’s employees, (ii) Ezy.ee has reasonable belief of fraudulent acts by the User when using the Ezy.ee Service, (iii) the User places a false Order (for example by not paying or by not being present on the delivery or collection location in order to receive the Order) or otherwise fails to comply with his obligations arising from these Terms of Service; (iv) there is reasonable doubt about the correctness or authenticity of the Order; or (v) the User engages in threatening, harassing, racist, sexist or any other behaviour that Ezy.ee deems inappropriate towards Partners or Ezy.ee's employees or Courier Partners. If Ezy.ee cancels an Order that has already been paid for, Ezy.ee shall transfer that amount into the same user account or Ezy.ee for Work Account as the one from which the payment was made by the User.
13.8. The controller of the personal data collected about Users is Ezy.ee Balabanlar OU, unless otherwise indicated. Ezy.ee Balabanlar OU shall process any personal data collected from the User in accordance with Ezy.ee Privacy Statement.
13.9. The User must comply with applicable third party terms of agreement when using the Ezy.ee App or the Ezy.ee Service.
13.10. The User represents and warrants that (i) they are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) they are not listed on any U.S. Government list of prohibited or restricted parties.

14. Term and termination
14.1. These Terms of Service are in force as a binding agreement between Ezy.ee and the User until further notice as long as the User is using the Ezy.ee Service. 
14.2. The User can discontinue the use of the Ezy.ee Service at any time. Ezy.ee can discontinue providing the Ezy.ee Service permanently or temporarily at any time.

15. Defects and complaints
15.1. Please note that the Ezy.ee Service may at any time be interrupted or permanently discontinued. The Ezy.ee Service may also be temporarily suspended. Do not use the Ezy.ee Service for backing up any data. While we do our best in providing you our platform and services (including new and/or temporary services such as no-contact deliveries, deliveries with novel technology or deliveries of new product categories) error-free, Ezy.ee does not promise or guarantee you anything regarding the reliability, functionality, timeliness, quality or suitability of the Ezy.ee Service, its features or any service offered by Ezy.ee. Ezy.ee does not promise or guarantee anything that is not expressly mentioned in these Terms of Service.
15.2. The Partner is solely liable for the contents, quality, safety and packaging of their products sold through the Ezy.ee Service and has a statutory defect liability for their products as set out in the applicable laws. You are responsible for inspecting the products in your Order without undue delay after receiving the Order. If there are any defects or other quality shortcomings in the products of your Order, then you should contact either the customer service of Ezy.ee, acting on behalf of the Partner, or the Partner directly and include a clear description of the defects or shortcomings. Regarding consumer goods, notices of defects should be made within a reasonable time from detecting the defect, however no later than within two months after being detected. Please note that in case of defects in foodstuffs or other products that by their nature spoil or age rapidly, it is crucial that you notify the defect as soon as possible to enable proper investigation and verification of the defect. Please note that Ezy.ee or the Partner may ask you to send a picture of the product in question in order to document and verify the defects. In case of a defect or a non-conformity in the products of your Order, you are entitled to reimbursement in accordance with applicable laws.
15.3. The Partner is solely liable for any defects in the contents and preparation or packaging of the Order or other shortcomings in the performance of the Purchase Agreement. Ezy.ee is not responsible for the information provided by the Partner on the Ezy.ee Service and does not give any warranty on the availability, quality or suitability of the products.
15.4. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Ezy.ee App. To the extent that any maintenance or support is required by applicable law, we, not Apple, shall be obligated to furnish any such maintenance or support. To the extent any warranty exists under law that cannot be disclaimed, we, not Apple, shall be solely responsible for such warranty. We, not Apple, are responsible for addressing any claims of the User or any third party relating to the iOS Ezy.ee App or the User’s possession and/or use of the iOS Ezy.ee App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Ezy.ee App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the iOS Ezy.ee App’s use of the HealthKit and HomeKit frameworks.

16. Applicable Law and Dispute Resolution
16.1. These Terms of Service shall be governed by and construed in accordance with the laws of the country where the User is located. 
16.2. If you are a consumer, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile. 
16.3. Disputes arising from these Terms of Service shall be resolved by the competent courts of the country where the User is located. A consumer may, however, always institute proceedings in the competent court of its domicile. If you are a User domiciled in the EU, you and Ezy.ee may also use the ODR platform managed by the European Commission to settle disputes. This platform can be found on  ec.europa.eu/odr . You may also refer a dispute to the consumer disputes board or other corresponding out-of-court institution in your domicile (such as the Consumer Disputes Committee of the Estonian Consumer Protection and Technical Regulatory Authority https://ttja.ee/en/consumer-disputes-committee ).

17. The Rights, Obligations and Liability of Ezy.ee     
Ezy.ee does not prepare food; it mediates and delivers food and, as such, is not responsible for the quality, quantity or other aspects of the food.
Ezy.ee is an online menu platform offering flexibility for both caterers and customers. Caterers can choose to offer delivery services or simply use Ezy.ee as an online menu showcase. They also have the freedom to manage their own delivery staff or partner with third-party delivery services.
In the event of any concerns regarding Refunds, food quality or delivery, customers are advised to directly contact the caterer they placed their order with. The caterer's contact information is readily available on their Ezy.ee page.
The prices listed on Ezy.ee for caterers' menus must match those of their in-house menus, plus a service fee. (Note: We apply a single service fee per order, not per item!
Balabanlar OU reserves the right to either with or without a term, either temporarily or permanently stop providing its service to all Users or individual user groups by completing the Users’ open orders. 
The Caterers’ products and services indicated on the www.Ezy.ee website do not mean that the offers are binding and must be available at all times. Offers become binding once the User has placed an order via the www.Ezy.ee website.
Balabanlar OU has no power over whether the Caterer processes the orders mediated via Ezy.ee or not. As such, Balabanlar OU can accept the orders placed by the User in the Caterer’s name only when Balabanlar OU has verified the availability of the order from the Caterer. Thus, the Contract can only be concluded once the timely delivery of the order has been verified, i.e. once the Caterer has confirmed the order. 
Balabanlar OU or the Caterer will immediately inform the User if the Caterer notifies Balabanlar OU that the products selected by the User are not available and/or cannot be delivered on time. The contract will not be concluded. Balabanlar OU will immediately return the payment sum paid by the User for the order. 
Balabanlar OU has the right to send personal commercial notices and other offers to the Users. The User has the right to refuse such notices.

17.2 Refunds:

Merchant Information: For any rejected, refunded orders, a fee of 5% of the cart total will be deducted from the merchant's earnings. This fee covers online payment processing, bank transfer fees, and Ezy.ee order handling charges.

Customer Information:

• Refunds and charges from rejected orders will be credited to your digital wallet and can be used for future purchases.
• Orders may be canceled by the customer until the merchant accepts the order. Upon cancellation, funds will be fully refunded to your digital wallet.
• After the merchant has accepted the order, only the merchant can initiate refunds or make adjustments.
• To withdraw funds from your digital wallet, a transaction fee of €0.20 plus a 5% processing fee will apply. This fee covers online payment processing, bank transfer fees, and Ezy.ee order handling charges.
• For issues related to refunds,withdraw, fill the form at :4.Right of revocation and contact mail.ezy.ee@gmail.com.

18. Amendments
18.1. These User Terms of Service are subject to amendments.
17.2. Ezy.ee shall publish the amended User Terms of Service at the Ezy.ee Website. Ezy.ee shall inform the User of any changes that are material by nature on the Ezy.ee Service or by email to the email address submitted to the Ezy.ee Service by the User. If the User does not agree to any amended Ezy.ee Terms of Service, they shall discontinue the use of the Ezy.ee Service.

19. Assignment
19.1. Ezy.ee shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to Ezy.ee Service without the User’s prior consent.
19.2. The User shall not be entitled to assign any of its rights or obligations hereunder in whole or part.
Updated 3.1.2023
 

20. Sale of Alcohol

We are sharing this info to remind you about our policies regarding selling alcohol on Ezy.ee

It is the merchant's responsibility to not only correctly set up alcohol-related products, but also to fully comply with applicable laws. Let's write in more detail what is definitely necessary:


Time restriction - in Estonia, it is prohibited to sell alcohol items before 10:00 and after 22:00. To make sure you comply with this regulation, please set the item availability on all alcohol items to be 10:00 - 21:00. Why until 21:00 and not 22:00? That is because the item must be delivered to the customer before 22:00 and this 1h window helps to make sure the orders are delivered to the customers before that time.

Age restriction - in Estonia, it is prohibited to sell alcohol items to a person under the age of 18.
Alcohol percentage - it is necessary to assign it to all products containing alcohol.
Also, when handing over the order to the courier, you can always mention that the order contains alcohol.

We recommend to frequently check the alcohol-containing products on your menu and make sure that nothing has been accidentally missed, for example when adding a new product.

We are always ready to guide and assist you in setting up the products, and we are happy to answer all questions you might have! Feel free to contact us mail.ezy.ee@gmail.com

For Delivery Partners:
After 21:30, do not accept any orders containing alcohol!
If you are late and accepted an order before 21:30, do not deliver any orders containing alcohol to customers after 21:55!

Commission and Service fee: https://www.ezy.ee/commissions-and-service-fees