Terms and Conditions
1. Preamble
Welcome to Preshfood’s App, owned by Preshfood App LLC, (ID/N 405548572), 0194, Sairme Street 12, 35, Tbilisi, Georgia (hereinafter - “Preshfood” or “We”).
It is the mission of Preshfood to make excess food available to customers. In addition, our goal is to avoid waisting usable products and at the same time raise awareness about the ecological problems associated with excess products.
We allow a user (hereinafter - “User”) to reserve excess food through “Precious Bags” (hereinafter –“Products”) in stores, cafes, confectioneries, etc. (hereinafter –“Stores”) as displayed on our platform (hereinafter –“Service”).
These terms and conditions (hereinafter –“Terms”) apply to any reservation and sales of products made through our website or app (“Platform”).
By placing an order (as defined below), the User agrees to these terms and conditions and therefore the User is obliged to review them thoroughly before placing an order on the platform.
The Cookies and Privacy Policy of Preshfood, which is available at any time on the Platform, forms an integral part of these Terms and is automatically accepted upon acceptance of these Terms.
2. Concept of Preshfood
Products are available for reservation on the Platform and Users may reserve them by placing an order (as defined below).
Products are reserved by the User, and Preshfood confirms the reservation status of the order (as defined below).
After the User reserves the Product and the Store confirms the order, the User undertakes to arrive at the Store at the prescribed time (as defined below), and the Store undertakes to transfer the ordered Products as specified herein. Both parties have the right of cancellation as defined below.
Preshfood only provides the connection between the User and the Store. The Store places the products on the Preshfood Platform and the User receives the offer. A contract between the User and the Store is concluded in accordance with the terms and conditions on the Preshfood Platform.
Reservation of an order by the User shall not be considered as entering into a sale and purchase contract with Preshfood. Preshfood has no responsibility for the products or the performance of the contract between the Store and the User.
Preshfood is only an intermediary between the Store and the User. It does not bear any liability based on the contractual/legal relationship between the Store and the User.
3. Acceptance
When placing an order on the Platform, the User confirms:
- that the User holds a legal status and is authorized to enter into contracts;
- is 18 years of age and has a valid debit, credit card or other payment method available for payment on the Platform;
- the User understands and accepts the rules of using the profile;
- is not under the influence of alcoholic, narcotic, psychotropic, toxic or other poisonous substances and will not use the profile in such a state;
- will not use the platform for illegal purposes, including fraud and money laundering;
- will indicate only true and accurate information;
- will use only secure means and devices for electronic communication.
By accepting these Terms, the User agrees to receive all applicable information in Georgian or English. Furthermore, the User agrees that all agreements between the User and Preshfood and any related information necessary to perform the Services will be stored by Preshfood in accordance with Preshfood’s Privacy Policy.
In addition, by confirming these Terms, the User agrees to receive emails and text messages related to any order placed by the User. With this request, Preshfood ensures that the User receives all important notifictions related to the order.
Preshfood reserves the right to revise and amend the Terms from time to time. The User’s order will be subject to the Terms applicable at the time when the User placed the order.
4. Preshfood’s contact details and users’ service
Preshfood App LLC
ID/N 405548572
12, 35 Sairme Street
Tbilisi Georgia
0194
5. Products and Product Information
Preshfood exclusively drafts the contract between the User and the Store, and Preshfood has no responsibility for the products or the performance of the contract between the User and the Store.
Preshfood does not manufacture, sell, buy, store, prepare, process, or package the products. Preshfood is not liable for any contractual obligations against the User in relation to the products, including the production, sale, purchase, storage, preparation, processing, labelling, delivery, quality, ingredients or allergens of the products.
The User can independently search for information about products on the Preshfood Platform. This information is for guidance only and is intended to provide the User with the best possible preconditions for evaluating the selected products prior to reservation. There may be cases when the Platform is not updated and the actual product range, stock etc. do not confirm with those indicated on the Platform. Preshfood is not responsible in such cases. The Stores are responsible for providing product information and updating this information. Preshfood does not undertake such responsibility and therefore is not liable for the content and updating of information regarding the products.
If the User has a doubt about the allergy warnings, product contents or other menu information, the User can inform the Store of such information before confirming the order. The contact details of the Store will be displayed on the Platform. The User may cancel a reservation at any time if the cancellation is due to incompatibilities with ingredients, allergens, or other label information (as defined below).
At the time of product pickup (as defined below), the Store may provide the User with information regarding ingredients, allergens, or product labelling. Preshfood shall not be liable for User’s dissatisfaction with the product regardless of the reasons, including if it is used inconsistently with the information on the label, provided directly by the Store or specified in this document.
Preshfood shall not be liable for any failure or delay in performance of any obligations relating to the Products, including those relating to the manufacture, sale, purchase, storage, preparation, processing, labelling, delivery, quality, ingredients and allergens.
6. Reservation of products
A list of active stores can be found in the Preshfood’s App. If the User has allowed the App to use location services, the App will track the User’s location and displays stores that are close to the User. After the User has selected the Store and product, the User will be given the opportunity to confirm his order by clicking on “Reservation” or a similar button.
The list is compiled based on geographic criteria only. The User has the possibility to filter the results according to the availability of the products to be reserved, the time of pick-up, the characteristics of the products included in the “Precious Bag” or according to the categorization as defined by Preshfood.
A reservation made by the User through the Platform is considered as an offer to purchase the product by the User against the Store.
The order must be confirmed at the Store when the product is picked up and therefore the reservation will be final and binding on the Store and the User directly at the time the product is picked up (as defined below), however, subject to the restrictions on rights to cancellation as described in clause 7 below.
7. Reservation confirmation
Upon receipt of the order, Preshfood will begin processing it by sending the reservation to the appropriate Store. Preshfood notifies the User that the order has been received (“Reservation confirmation”) and is being processed. Please note that any confirmation page the User may see on the Platform simply indicates that the reservation has been received and is being processed and does not mean that the reservation has been confirmed by the Store.
The reservation confirmation must be kept by the User. The reservation confirmation contains information about the reservation made by the User.
Please note that the reservation confirmation does not mean that the reservation has been accepted, but is only a confirmation that the order has been received.
8. Right to cancelation
The concept of Preshfood is to avoid wasting excess food and therefore, if the Store does not have excess products, the Store can cancel the order up to two hours before the agreed pickup time (as described below). In this case, the User will receive a cancellation notice from Preshfood or the Store via email and/or SMS/or notification from the Platform, provided that the contact details provided to Preshfood is correct and the User has agreed to receive such notifications.
Since the products are perishable, and since the concept of Preshfood is to avoid wasting excess food, the User can cancel the reservation order only two hours before the start of the agreed pickup time. However, the User may cancel the order later before pickup if the cancellation is due to ingredients, allergens or other labelling information.
The User can inform the Store about the exercise of the right to cancellation through the complaint link on the Preshfood platform. If the User cancels the order outside of the rights listed above, the User will not be entitled to request a refund.
9. Pick-up
Products reserved on the Platform must be picked up by the User at the indicated address (hereinafter – “Pick-up”). Pick-up time will usually be 10-30 minutes, but may be shorter or longer. A description of the Store and details of when and where the Products can be picked up will appear on the Platform and will also be indicated on the reservation confirmation. If the User arrives at the Pick-up address earlier than the specified time, we ask that they wait outside if the Store is hosting the visitors who are there at that moment. Note that if the User arrives too late at the specified address, the Store may be closed and/or the Product may become unavailable.
As the Products are perishable goods and as Preshfood’s concept is to avoid wasting excess food, the Store has the right to sell the product to another customer if the User does not pick up the order within the time specified in the reservation confirmation, in which case Preshfood is entitled to charge the User the purchase price (below defined).
At the time of pick-up, the User must show the proof of reservation in the Preshfood’s App to the Store’s employee, who will confirm the reservation with a 'swipe' or similar button and hand over the reserved products to the User. It is the User’s responsibility to ensure the availability of confirmation of the reservation in the App directly at the time of pick-up. The User can ascertain that the Products and their quantity correspond to the reservation.
10. Price
All prices are quoted in the currency of the country in which the Store is located and include applicable VAT, although other online payment administration fees may not be quoted.
Any fees related to the order and payment are calculated immediately after the order is placed by the User.
The price of Products indicated on the Platform is the minimum market value of these Products.
11. Payment
The User can pay through debit and credit cards of multiple brands as well as other payment methods available on the Platform.
If the User uses a credit or debit card, the User must enter the given name and last name indicated on the card, card number, expiration date and security code when placing an order.
When placing an order, the amount determined by the Store for the Products (hereinafter - “Purchase Price”) is authorized or reserved to the User’s account (depending on the selected payment method) (hereinafter - “Account”). The Purchase Price will be debited from the User’s account when the product is ordered or received or thereafter (depending on the payment method selected). If a reservation is cancelled in accordance with these Terms and Conditions, the Purchase Price will be cancelled or refunded to the User.
The Purchase Price is credited to the nominal account in the name of the Store. Preshfood may change, edit or restructure the payment procedure for its Users, if deemed reasonable.
The Platform uses PCI-compatible payment service providers. Debit or credit card payments on the Platform are secure and verified by the card issuer. All payments are made through an encrypted internet connection.
Preshfood does not store debit or credit card information. Such information is processed by payment service providers. However, such information may be stored by payment service providers.
If a User’s credit card or payment method is rejected when attempting to pay for an order, the User must check the accuracy of the information entered.
If the User rectifies the error and the credit card is still rejected, Preshfood advises the User to contact the bank.
Depending on bank procedures, when the User confirms the order using a credit or debit card and the payment is authorized, the amount is automatically blocked, in case the order is later rejected by the Store or cancelled for any other reason in accordance with these Terms - the amount will be refunded to the User’s account. However, this may take up to 10 business days (or more depending on the User’s bank or card issuer) and Preshfood does not have the authority to contact the User’s bank or card issuer regarding certain payment issues. This responsibility rests with the User.
By accepting these Terms, the User agrees to the payment method listed above and acknowledges that Preshfood shall not be liable to the User in regard to the foregoing.
Preshfood does not take responsibility for prevention of User’s card theft/fraud. Since Preshfood cannot guarantee the identity of registered users, the User is obliged to notify Preshfood if the User has evidence that the card associated with his Preshfood account has been stolen and/or is being used fraudulently by a third party. Therefore, to the extent that Preshfood and its service providers take appropriate security measures to protect Users, if the User does not notify Preshfood of a lost card, Preshfood cannot be responsible for any fraudulent activity on the User’s bank account. Preshfood advises Users to report theft, robbery or suspected misuse of their credit card to the police.
The User must always keep his personal account access codes safe and never disclose them to third parties.
The User assumes full responsibility for any activities performed under his account.
If necessary, Preshfood undertakes to support the User and cooperate with the competent authorities in sharing evidence related to the wrongly debited amount. In case of detection of fraud, Preshfood reserves the right to take appropriate action if it was affected by the intended misuse of the Platform.
12. Right to complain
The User must first contact the Store about the Product defect. If the Store fails to satisfy the User’s request, the User is also entitled, in the event of a complaint regarding the Product (including the “Precious Bag” and its contents), to file a complaint with Preshfood’s users’ service before considering any other action. Preshfood will handle all complaints (including those relating to the “Precious Bag” and its contents) as Preshfood deems appropriate, and any decision by Preshfood regarding the product shall be solely at Preshfood’s discretion.
If Preshfood’s intervention is not satisfactory to the User, these Terms do not limit the legal remedies available to the User to resolve the dispute with the Store. The Services are covered by consumer protection laws and other statutory laws relating to the purchase of goods and the provisions contained herein relating to defects and delays.
All complaints are handled exclusively by Preshfood and the User should only use this measure if the User has a complaint specifically against Preshfood and not against the Store.
The User must inspect the Product upon pick-up.
In the event of a complaint, the User must contact Preshfood via the complaint link on the Platform or by email and provide Preshfood with the requested information, detailing the reason or reasons for his/her dissatisfaction. After receiving the complaint, if necessary, Preshfood will consider the complaint in cooperation with the Store, and will provide the User with an answer within 10 (ten) business days.
If the User is not satisfied with Preshfood’s response, the User can submit a complaint to the relevant consumer protection authority.
13. Users’ reviews
In particular (but not limited to), any review that the User submits through the Platform may not:
Preshfood does not control, modify or edit posted reviews, however Preshfood has the right to remove or edit any review posted, uploaded or transmitted on the Platform at any time if the review violates one or more of the above prohibitions or is otherwise deemed to be fraudulent.
Reviews posted on the Platform are for informational purposes only and do not constitute advice from Preshfood. Reviews reflect the opinions of the Users who have placed orders through the Platform or other third parties and any statements, advice or opinions provided by such persons are theirs alone. Therefore, Preshfood shall not be liable to any person for any reviews, including for any error, defamation, obscenity or falsehood that may be encountered by the User in such reviews.
Preshfood is authorized to save reviews.
The User will not receive compensation or material benefit for posting a review.
There may be a delay between review submission and publication.
14. User’s conduct
It is our humble request that Users respect the Store visitors and staff, as well as Preshfood staff.
The User agrees that if he/she commits inappropriate conduct and violates the norms of conduct defined by the law towards the Store, Store visitors, or other Users of Preshfood, Preshfood can, especially after complaints submitted by the Store, ban, exclude or suspend the User from the Platform and Preshfood services. Preshfood’s intervention does not deprive the Store of its available remedies and rights to obtain possible reparations.
15. Limitation of Liability
Preshfood is not a party to the contract between the User and the Store, neither bears any liability for the actions of either of them. All negotiations are done directly between the Store and the User.
Preshfood is not responsible for the accuracy of the information posted on the Platform.
Preshfood does not guarantee that the data provided about the User or the Store will match its actual data.
Preshfood is not responsible for the loss or damage of information posted on the Platform, as well as for the loss of notifications.
Preshfood does not guarantee the continuous and uninterrupted operation of the Platform.
Preshfood is not responsible for losses arising in relation to (i) matters for which the Store is responsible, (ii) third-party errors or unspecified delays in the availability of the Platform, (iii) Users’ orders made using fraudulently obtained payment or other contractual data (e.g., credit card fishing, identity card theft, etc.), (iv) the content of sites to which the Platform links, including the accuracy and data protection policies of the linked sites, and (v) similar events, as provided in subsections (i) – (iv).
Preshfood shall not be liable for any failure or inconsistency with respect to its Services if such failure is due to circumstances beyond Preshfood’s control. Such circumstances may include, but are not limited to, interruptions in Prefood and/or Store operations as a result of legislation, acts of state or public authority, war, terrorism, strikes, physical blockades, lockouts, and natural disasters.
Preshfood shall only be liable for direct losses and shall in no event be liable for indirect or moral damages. In all cases, except for fraud or deliberate misconduct, Preshfood’s liability is limited to GEL 1000.
16. Intellectual property
The User may use the Platform and print and download excerpts from the Platform for the User’s personal non-commercial use on the following basis:
Except as stated in Section 16 of this document, the Platform may not be used, and no part of the Platform may be reproduced or stored in other platform or incorporated into any public or private electronic system or service, without Preshfood’s prior written permission.
17. Force majeure
The parties are released from responsibility for non-fulfilment or improper fulfilment of the provisions of the valid contract in the event that proper fulfilment is impossible due to force majeure, that is, due to extraordinary and insurmountable circumstances. Such circumstances do not include breach of duties by the counterparties of the parties, lack of demand for the goods in the market, lack of necessary funds in the parties, etc.
If the occurred circumstance lasts for more than 3 (three) calendar days, the parties conduct additional negotiations to agree on acceptable alternative methods of performance of the valid contract or make a decision to terminate the valid contract prematurely.
18. Applicable law
All disputes and disagreements that may arise will be resolved by agreement between the parties, and in case of lack of agreement between the parties, the dispute will be resolved judicially, in accordance with the legislation of Georgia, by the Tbilisi City Court.
Relations arising from this contract are governed by Georgian laws.