These www.sponeja.com, sPoneja mobile applications and www.akezzatrade.fi are owned by Akezza trade interchangeably referred to
as 'we', 'us' or 'our' in these terms and conditions.
Please
note that the definitions below are short explanations only, and are not
extensive.
Websites: www.sponeja.com and www.akezzatrade.fi
Applications:sPoneja
customer, sPoneja
Vendor and sPoneja
Partner mobile applications.
Seller
Partner: the seller is the party offering goods and/or
services through sPoneja. In these terms a seller partner is any restaurant or store
or shop or pharmacy owner or service provider who sells through sPoneja
platform.
Customer: customer is an individual, buying goods or services offered
on sPoneja platform by the seller against an agreed payment. A customer
is interchangeably referred to as you, your or yours.
Delivery
Partner: delivery partner is the party delivering
orders to customers as directed by Akezza Trade through sPoneja
Partner application.
Contract: a contract is an agreement between seller and buyer,
where the seller shall provide the purchased goods to the customer after
associated payment has been paid by the customer. To initiate a contract, each
party agrees to our Terms and Privacy Policy presented when logging into our
applications.
sPoneja
Wallet: An account to which you can deposit your money
and make all kind of shopping inside sPoneja using it. You can pay anything
from inside our platform provided that there are enough funds (in your Wallet
Account).
The
Terms are in four sections including General Section, Customer Section, Seller
and Delivery Partner Sections.
Our Customer Service
Should you
have any questions regarding our platforms, products ordering or supply, please
contact us at info@akezzatrade.fi. For updated information about our customer service opening
hours please check on our websitewww.akezzatrade.fi.
Applicable law and
arbitration
These Terms, the
Platform, and purchase transactions made through this Platform are governed by
the Finnish law.
1. To be able to use our service, you must have an active
email address and an active telephone number to login into our applications and
these contacts will be considered as your official contact addresses.
2. You accept to take
responsibility of maintaining the confidentiality of your account details
including passwords and preventing unauthorized access to your account. You
accept responsibility for all activities that occur from your account. You must
take all necessary steps to ensure that your account credentials are kept
confidential and secure and should inform us immediately in case you have any
reason to believe that your account credentials including user id and password
are manipulated and/or used in an unauthorized manner.
3. You are solely responsible for providing correct billing
and delivery addresses. A delivery service will take place at the delivery
address specified by the customer during the service or product ordering
process.
4. All goods, items or offers shown on our catalogue are
subject to availability at any given time and may not be ready in our seller
partner stock at all the time. If that is the case, we shall notify you with
the date of availability by e-mail. We have the right to discontinue any items,
goods or offers from the website at any time, and our only liability in such
cases will be limited to refund any money paid to us related to those goods or items
which we may no longer be able to supply. We will notify you about the
same, as soon as possible.
5.
You are aware that all pictures and images on sPoneja platform are
only for illustration purpose. Actual product may look different than
that is shown in the image.
6. You may not frame or use framing techniques to
enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of sponeja.com and
its affiliates without written consent from us.
7. The website or any portion of the website may not be
reproduced, duplicated, copied, sold, resold, or otherwise exploited for any
commercial or non-commercial purpose without our written consent.
8. We reserve the right to change these terms of service
at any time and You will be notified by email of any changes.
9.Our application system uses google fonts and by using our
application you accept our use of google fonts.
10. All brand images and trademarks are proprietary of
the respective owner company.
11.Any dispute relating to these Terms, the Platform, and
purchase transactions made through the Platform or using other Akezza Trade
services, is primarily resolved through negotiations. If the dispute cannot be
settled, you can contact the consumer advice service of the Finnish Competition
and Consumer Authority (https://www.kkv.fi/kuluttajaneuvonta/), and subsequently request for solution from the National
Board for Consumer Disputes (www.kuluttajariita.fi).
You
can also submit your dispute to the Online Dispute Resolution Forum at [http://ec.europa.eu/odr]. In
connection with the matter, use our address e-mail: info@akezzatrade.fi.
You
also have the right to bring the dispute before the District Court of your
domicile.
12. Payment Methods
Currently, possible
payment methods are: Pay by Cash, Pay by Card, Online Banking and sPoneja Wallet Account.
Akezza trade shall
collect payment from the Buyer on behalf of the Seller using any of the
available means of payment. After the Buyer has fulfilled its payment
obligation against the seller, the collected payments less the share of Akezza
Trade ay will be credited to the seller’s account. All the payments shall
contain the value-added tax (VAT).
13. Price of the Service
Registering to use
sPoneja platform is free. In service, we shall determine a reasonable price a
customer will pay as delivery charge. However, the delivery charge will be
determined according the quality of the delivery service. The delivery charge
shall contain value-added tax. All
prices are in euro currency.
14.We reserve the right to collect those additional costs from
the Buyer or Seller which resulted from reasons independent of Akezza Trade ay.
Such additional costs are for example costs which are caused by the deficiency
or faultiness of the order information, from delay caused by the seller or Buyer,
from returning of the goods or from storing, re-disseminating or redirecting
the goods.
If
applicable, these additional costs shall be charged afterwards. An email
notifying you about possible additional costs will be communicated to you after
we have assessed the situation and concluded that you are liable to such
additional costs. Additional 5-euros per invoice may be charged if you choose
paper invoice form.
15. We shall not be held responsible for the product
quality such as, taste, texture, color etc. of any product provided by our
partner seller. Any complaint about quality of the product shall be redirected
to our seller partner.
16.
Products bought by customer:
The Seller is liable
to estimate whether goods can survive the burden associated with the agreed
delivery mode without packing and to pack goods sufficiently when necessary. We
shall not be responsible for damage occurring from insufficient packing.
Parcel
Delivery Service ordered by Sender:
The
Sender is liable to reimburse us for damages and costs caused by insufficient
packing. However, a consumer shall be liable for the damage only to the extent
of their own mistake or neglect.
17.Order and goods ordered by customer becomes customer’s
responsibility and ownership after receiving them.
18.When a customer places an order to purchase product(s)
on our platform, the order represents a non-binding agreement between the
seller and the customer. A binding agreement starts when the seller has
accepted the order throughsPoneja vendor application.
A Buyer or Sender
shall comply with the instructions given in the platform and provide all
information needed to prepare his/ her order and carry out the Delivery
Service. The most suitable carrier shall be selected to perform delivery
services for the Buyer after the order is ready to be delivered.
19.We reserve the rights to refuse to fulfill
an order. If an order is refused for fulfillment, an email communication or
message notification through your sPoneja account shall follow.
20. To the extent permitted by the law, the seller reserves
the right to adjust prices of goods and special offers.
21.We carry the right to modify or discontinue any products
at any point of time, with or without any prior notice, temporarily or
permanently. We bear no liability for any such modification or
discontinuance of any product or services.
22. We put in our utmost efforts to have your order
delivered on the delivery time provided in your dispatch confirmation email.
However, please note the delivery times provided by us are only our best
estimates and the actual delivery of your order may be later than this time.
23.If
a customer chooses to pay by “Pay On Delivery”, our special delivery partner
shall deliver the order to the
customer’s door and the customer must pay the corresponding amount of money to
our delivery partner. If our delivery partner does not have enough balance and
the balance is needed, he/ she will top up the equivalent amount to the
customer’s sPoneja wallet Account.
If the customer
fails to pay the required amount of money to delivery partner during delivery,
we shall send an invoice to the
customer’s address and an additional 5 euro shall be charged for sending paper
invoice. The due date for that invoice shall be ‘’ immediately’’.
24. How to recharge
your sPoneja Wallet Account!
To recharge your Wallet Account is to put
an acceptable amount of money on your Wallet Account. You can transfer any sum
to it and make several shopping sessions. Any money on your Wallet Account is
your money. You can use the Wallet during checkout provided that it has
sufficient funds in it. We have brought this Wallet feature to make it easy for
you to make shopping inside our application.
Who can recharge
your Wallet Account?
To transfer money on your Wallet Account
and start shopping straight away, kindly use our approved transfer methods or
visit our Top Up desk or ask our special delivery partner to have your Wallet
recharged in seconds.
Withdrawal from your Wallet Account:
We brought this
Wallet feature to make your shopping experience better so we advise you to make
shopping with it rather than withdrawing from it. However, in some special
cases you may need to withdraw back your money from your Wallet Account. You
can withdraw any sum of money greater than10euros from your Wallet Account and
the process may take at maximum one week. To withdraw your funds contact us at support form.
25. Cancellation and Refund rights
A Customer may
change his/her mind for any reason or no reason and receive a refund of the
amount paid by notifying us of his/her withdrawal within 14 days of receiving
the Product or a substantial part of it ("Cancellation Period"),
unless the refund rights to withdraw the Product is restricted by the Consumer
Protection Act. The right of withdrawal does not apply when the ordered service
has been completely performed before the end of the Cancellation Period on
customer’s request or consent:
·
to meals, groceries, foods and other goods with
short shelf life or perishable or expiring Products (such as flowers),
·
to sealed and opened goods that cannot be
returned after opening the package for health or hygiene reasons (e.g., contact
lenses, moisturizers and medicines),
·
to goods manufactured or modified in accordance
with the consumer’s requirements or clearly made to meet personal needs, or
·
to the supply of an individual newspaper,
magazine or publication, or in other situations where there exist explicit exceptions
under applicable laws and regulations.
Customer’s
right to withdraw from his/her purchase and receive a refund requires that the
Product remains in unaltered conditions, with original packaging (if
applicable) and provided that no seal has been broken.
Exercising
your withdrawal and Refund rights
26. If a customer wishes to exercise her/his rights to
withdraw from a purchase, she/he must notify Seller or Akezza Trade within the
Cancellation Period that she/he wishes to exercise his/her withdrawal rights.
Also, a customer can exercise his/her cancellation rights by cancelling the
order from inside customer application or by sending the notice to exercise
her/his withdrawal rights toinfo@akezzatrade.fi .
27. In the notice of withdrawal, you must mention your
name, address and other necessary information, such as the order number,
invoice number and name of the Product in question. To make a notice of
withdrawal, you may create a ticket from here or use the standard form provided by the Finnish Consumer
and Competition Authority available here. Remember that the form must be sent to Akezza Trade’s email
address: info@akezzatrade.fi , not to the Finnish Consumer and Competition Authority.
28.Please note that if the order is returned to our seller
partner due to failure to deliver the order because of you and you have not
notified us of your wish to exercise the rights of withdrawal in advance of the
performed delivery, the order will be cancelled and we reserve the rights to
charge you for the costs.
Your responsibilities when exercising your withdrawal /
refund rights
29. When you exercise your withdrawal
rights, you are solely responsible for any return freight costs. Moreover, you
are responsible for the condition of the product until its returned back to its
return address. The Product must be returned within 14 days of submitting your
withdrawal notice to Akezza Trade. Please, contact our customer service to get
the Product return address.
30. You are obliged to handle the Products
in Your possession carefully. You must pack the returned Products carefully so
that they are not damaged during delivery. Please use packaging that adequately
protects the Product from transport damage, suitable for the means of the
return freight. All accessories related to the Product and the parts included
in the package must be returned with the Product, including any original
packaging and labels. If you have used, negligently handled or packaged the
Product, or otherwise handled the Product beyond what is required to determine
the nature, characteristics or functionality of the Product, you are
responsible for compensating for any impairment of the returned Products up to
the full price of the Products.
Liabilities
and limitation to liabilities
31.You are liable to compensate Akezza Trade for any direct
and indirect damage suffered by Akezza Trade as a result of your breach of
these Terms. Subject to mandatory law, in addition to what is stated in these
Terms, Akezza Trade’s liability to the Customer is determined as follows:
· Except
as expressly set out in these Terms, Akezza Trade makes no warranty as to the content,
raw materials, ingredients or other information or services relating to the
Products or any other Supply made using sPoneja platform.
· The
Platform is provided for the Customer "as it is" without a warranty
of any kind. Therefore, Akezza Trade does not warrant the functionality,
availability, usability or security of the Platform or the Supply. We are not
responsible for the suitability of the Products for the specific purpose you
intend to use them.
· To
the extent permitted by mandatory applicable law, Akezza Trade shall not be
liable for any direct or indirect or consequential damages, lost profits, loss
of data or goodwill, or any other loss or damage arising out of Your use of the
Platform or Our service, inability of using the Platform or Our services, or
these Terms, regardless of whether the damage caused is based on a contract,
infringement or other grounds.
· Akezza
Trade is not responsible for any unauthorized use or modification of the
information you provide to Akezza Trade ay, information or material you
receive. Furthermore, Akezza Trade is not responsible for any criminal acts
arising from the use of Akezza Trade's Supply services or services platform,
such as threatening or defamatory, or any other obscene or harassing, offensive,
inappropriate or illegal content or user activity.
· Please,
note that these Terms do not affect your statutory rights as a consumer, which
cannot be removed or limited by a contract. Nor do these Terms preclude or
limit liability that cannot be legally limited or excluded under mandatory law,
such as liability for damage caused intentionally or through gross negligence.
· Akezza
Trade reserves the right to cancel the delivery and/or Supply of one or more
Products if the information provided by the Customer during registration is
incomplete or incorrect, the Partner is unable to fulfill the order, or in case
of force majeure such as pandemics (including but not limited to COVID-19),
natural disaster, war, political unrest, strike, lockout, blockades or other
cause of labor market disruption, fire, accident or other circumstances beyond
Akezza Trade's reasonable control, or due to any other circumstances that
substantially impede or impair the conditions for a Supply to be fulfilled. Akezza
Trade undertakes to notify the Customer as soon as possible delay in Supply, or
alternatively, of any cancellation.
Our
rights to terminate supplies
32. We reserves the right to terminate the Supplies or
suspend the use of the Platform for customers who violate these Terms and
Conditions. Such termination takes place immediately and the Customer is
notified by e-mail or telephone.
Transfer
of rights
33. We may transfer our rights and our obligations under
these Terms to a third party, provided that the acquiring third party can be
expected to fulfill the Terms from the Customer’s perspective in a satisfactory
manner. The Customer may not transfer his/her rights and obligations under the
Terms to any third party.