Terms and Condition

Last updated: 09/07/2023

Table of Contents

General Contact Information
Definitions
Website Functionality
Registration on the Website
Order Placement
Order Submission
Order Acceptance and Confirmation
Contract Execution
General Conditions for "In-Store Pickup" Mode
User Rights
Discount Codes
Intellectual Property Rights - Copyright
Final Provisions

Dear User, before proceeding with the registration and using the functionalities of the zeuler.com website or the Zeuler app, we would like to draw your attention to the conditions and terms contained in this Agreement. Completing the registration process on the Website implies acceptance of the Agreement and its communication exclusively in digital format. This Agreement can be printed or stored on a durable and easily accessible medium.

1. General Contact Information

Zeuler S.r.l. is a company with its registered office at Viale Luigi Majno 28, 20129 Milan, VAT number 13022810967, and registration number in the Milan Companies Register MI - 2699040. Zeuler S.r.l. can be contacted via email at info@zeuler.com.

2. Definitions

Unless otherwise defined in this Agreement, terms and expressions capitalized herein shall have the meaning ascribed to them below, with the understanding that terms defined in the plural shall also be deemed to be defined in the singular, and vice versa:

a. Cart: the page of the Website where the Products selected for purchase by the User are summarized.

b. Preparation and Delivery: the activity of purchasing the Products at the Supermarket and/or delivering them to the User's address, carried out on behalf of Zeuler, including by third-party independent workers.

c. Purchase Agreement: the contract between the User and Zeuler for the purchase of products online through the Zeuler app and the transmission of an Assignment proposal to an independently organized party (the "Picker") for the preparation and/or delivery of the groceries to the User's address.

d. Preparation and Delivery Agreement: the agreement between Zeuler and the "Picker" and/or between Zeuler and the "Driver" for the preparation and/or delivery of groceries to the User's address.

e. Agreements: collectively refers to the Purchase Agreement and the Preparation and Delivery Agreement.

f. Order: the order for the online purchase of products through the Zeuler app and the transmission of an Assignment proposal to an independently organized party (the "Picker") for the preparation and/or delivery of groceries to the User's address.

g. Assignment: the assignment for the preparation and/or delivery of groceries to the User's address provided by Zeuler to the Picker.

h. Email Address: the email address provided by the User during the registration process on the Website.

i. Products: the products selected by the User from those available at the Supermarket, added to the Cart within the limits specified in Article 4.4 below, which constitute the subject of the Order.

j. Price Parity Rule: the rule according to which the prices and offers of the products displayed on the pages of the Website are the same as those practiced in the physical premises of the individual Supermarket, subject to errors or delays in the daily transmission of data. In no case shall Zeuler be held responsible if the prices are the same as those displayed in individual Supermarkets.

k. Agreement: this usage agreement of the Website and general terms of sale.

l. Picker: the person appointed by Zeuler to prepare and/or deliver the groceries subject to the Order to the address indicated by the User.

m. Driver: the person appointed by Zeuler to deliver the groceries subject to the Order to the address indicated by the User.

n. Company or Zeuler: Zeuler S.r.l., Viale Luigi Majno 28, 20132 Milan, email address info@zeuler.com.

o. Website or App: the domain zeuler.com and all its subdomains marked as "Zeuler," as well as the "Zeuler" application available for download on the Apple Store and Play Store, are considered equivalent for the purposes of this contract. Therefore, any reference to the Website shall automatically extend to the App, and vice versa, allowing Users to register and access the functionalities offered by both the Website and the App.

p. Supermarket: the supermarket chosen by the User from those made available on the Website, where the User intends to have the Products purchased.

q. User: any natural person who acts for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activities they may undertake and who is registered on the Website in order to benefit from its functionalities and services.

r. List: the shopping list created by the User, which may also include products sold by different supermarkets.

3. Website Functionality

3.1 The Website provides the service of compiling and transmitting orders through electronic means. Following such an order:

a. The User acquires from Zeuler the Products selected in the Cart and chosen from the designated Supermarket.

b. Zeuler sends an Assignment proposal to the Picker(s) regarding the preparation and/or delivery of all or some of the Products purchased through the app to the User's address.

c. Zeuler sends an Assignment proposal to the Driver regarding the delivery of the Products purchased through the app to the User's address. 3.2 The conclusion of the contract concerning:

a. The purchase of Products added to the cart within the limits indicated in Article 4.4 below;

b. The transmission of an Assignment proposal to one or more Pickers for the preparation and/or delivery of all or some of the Products purchased through the app ("Purchase") is completed through the following stages:

a. Order compilation by the User on the app (Article 4);

b. Order transmission to Zeuler; c. Order acceptance by Zeuler.

c. The transmission of an Assignment proposal to the Driver for the delivery of the Products purchased through the app ("Purchase") is completed through the following stages:

a. Order compilation by the User on the app (Article 4);

b. Order transmission to Zeuler; c. Order acceptance by Zeuler.

3.3 The contract between the User and Zeuler concerning the Purchase ("Purchase Agreement") is concluded with the communication of the order acceptance by Zeuler.

3.4 Additionally, the User's registration on the Website allows access to all services offered by Zeuler, including those made available through the Website, such as the selection, purchase, and home delivery of products, as well as related goods and services (e.g., the transmission of communications and announcements by the Company to inform the User about discounts, promotions, offers, the opening of new stores, specific promotions for certain products, information about new products available and related promotions). This service is considered an integral part of Zeuler's offering, aiming to provide the User with an increasingly favorable experience in line with their interests.

4. Registration on the Website

4.1 Initially, the User is required to manually enter their address or allow geolocation to determine the service coverage and the Supermarkets available for purchase through the Website. To access the Website's functionalities, it is necessary to complete the registration process. Registration is only permitted for Users who are of legal age. The User agrees to register on the Website only once.

4.2 To register, the User must log in (by entering a username and password) using the internal identification service of the Website or through another service provided by third parties and linked to the Website (e.g., social networks like Facebook or Google). Additionally, the User must provide an email address. During registration, the User must explicitly declare their acceptance of this Agreement, their legal age, and having read the provided privacy policy. The User may provide their consent, freely and optionally, for additional processing purposes, such as promotional and marketing purposes, profiling, and/or sharing with third parties for their marketing and market analysis purposes.

4.3 The User's username cannot contain offensive, defamatory expressions or violate the rights of third parties. The password must consist of at least 6 (six) characters to ensure the security of access to the User's profile. The User can change the password at any time after registration using the dedicated function on the Website. The User is responsible for securely maintaining the username and password and must not allow their use by third parties.

4.4 During registration, the User is required to provide the Company with truthful, up-to-date, and complete data and information.

4.5 After registration, the User will receive a welcome message at the provided email address, containing a link to follow to confirm the registration and activate their personal profile. Additionally, they may receive a discount code called "PrimaSpesa" with a variable value, which can be used for the first order.

4.6 The User is solely and directly responsible for the custody, confidentiality, and use of their username and password.

4.7 The User has the right to request information about their profile at any time, including limiting and/or deleting their profile, by sending a communication to the Company at the email address info@zeuler.com. Regarding the exercise of the rights of portability and deletion, the User can access the appropriate section within their personal account on the website: zeuler.com>>Policies or App: Help>>Policies. Additionally, the User can exercise the rights conferred by current regulations, according to Articles 15-22 of EU Regulation No. 2016/679, by contacting the Data Protection Officer (DPO) of the Company at the email address gdpr@zeuler.com. Lastly, the User can modify and/or revoke the consent for the processing of their personal data expressed during registration on the Website, both by contacting the Company's DPO at gdpr@zeuler.com and by accessing the dedicated section for consent management within their personal account. Further information on the processing of the User's personal data is available in the Privacy Policy, accessible via a link published at the bottom of the Website's homepage.

4.8 The Company has the right to suspend or prohibit the User's access to the Website's functionalities at any time or to modify the access conditions. The Company also reserves the right to take action to seek compensation for damages incurred as a result of harmful behaviors by the User.

5. Order Placement

5.1 Home delivery service is currently available only for certain Supermarkets and limited to a specific geographical area, and its availability will be communicated on the App or the Website.

5.2 To place an Order, the User must:

a. Log into the app and enter their username and password;

b. Enter the delivery address of their interest for the delivery;

c. Select, from those available in relation to the Supermarket, the preferred Products, adding them to the Cart;

d. Provide the requested data; e. Confirm (confirmation results in the simultaneous generation of the Order). Orders for Products may be subject to a minimum order value.

5.3 After entering the delivery address, the Website displays a page listing the available Products in the chosen area. By selecting the preferred Products, the User agrees to the purchase of the Products from the Supermarket(s) that sell those products and the quantification, indicated next to the Products, of the consideration to be paid for the execution of the Purchase Agreement.

5.4 Choosing a Supermarket from those available opens a page on the Website showing the purchasable products and their respective prices. Zeuler does not guarantee that the images displayed on each Supermarket's page accurately represent the respective products. The price indicated next to each product includes VAT and any markup applied by Zeuler. Not included are: the delivery cost, the service cost, and any additional service costs (so-called "supplements") applied by Zeuler, specifically identified and described prior to sending the Order.

5.5 The pointing and selection of a Product result in its addition to the Cart. The Cart can be reviewed and modified by the User. The User can check the status of the selected Products at any time by accessing their Cart. The Cart cannot contain more than n. 60 Products for each individual Order, and for certain categories of Products, limits on weight, volume, and/or quantity are set.

5.6 The Price Parity Rule is applied when the User selects and adds Products to the Cart. Any changes in the price of Products by the Supermarket that are not displayed on the product selection page may affect the final price of the Cart and the consideration of the Purchase Agreement. The actual Price Parity is guaranteed only when the "Taken" product exactly matches the one ordered by the Customer. If the product is replaced with a similar product, the price of the original product will be applied, except in cases where the User expressly chooses to replace the purchased product with another similar product (specifically identified and selected in the phase immediately preceding the order submission) in the event that the product in question is out of stock. In the latter case, the User will be charged the price of the replaced product.

5.7 Variable weight products: Products with variable weight (e.g., fruit, vegetables, meat, fish, gastronomy products, and cheeses) are presented in the app with indicative measures and weights. The purchase price of variable weight products paid by the User is based on the actual weight of the products purchased from the Supermarket. The corresponding notice is displayed within the Cart and on the last page of the checkout, before confirming the Order. In the case of (i) purchasing variable weight products and (ii) paying the consideration of the Purchase Agreement using electronic means, the system may apply a markup (percentage) on the price of variable weight products. This markup, calculated for each variable weight product, serves as a deposit in case the actual weight of the variable weight products purchased deviates from the weight entered in the Cart, and it will be refunded to the User for the unused portion. Example: - adding the variable weight product "Chiquita Bananas" to the Cart: pieces: 1, price per kg Euro 2, average weight per piece: 200g, price in the Cart: 0.40; 20% markup: 0.08 Euro; final price: 0.48 Euro; - actual weight purchased: 210g, actual price: 0.42 Euro; refund of 0.06 Euro; or - actual weight purchased: 260g, actual price: 0.52 Euro; markup of 0.4. If the final price is higher or lower than what the User has already paid, Zeuler has the right to release the previously paid price and charge the updated price.

5.8 At the end of the selection process, the Cart displays (i) a summary of the chosen Products, (ii) the total amount of the Purchase, (iii) the delivery cost applied by Zeuler in relation to the Supermarket, (iv) the service cost in relation to the total amount of the Cart, as well as (v) any additional service costs (so-called "supplements") that may be charged. In particular, if the Cart exceeds a specific amount, based on the estimated overall weight of the purchased products, Zeuler may charge an additional service cost to the User. The specific additional amount will be determined precisely at the time of Order placement or after the order, and it will be charged to the User only if the actually delivered Cart exceeds the specific amount determined at the time of Order placement.

5.9 Prior to submitting the Order, the User is required to enter their substitution option in case a product is out of stock. In this regard, the User can respectively: i) leave the choice of a substitute product to the Picker in the event of a possible replacement of an out-of-stock product with a similar one; ii) request to be contacted directly by the Picker (phone call) to make the substitution of an out-of-stock product with a similar one. If a product is replaced with a similar product, the price of the new product will be applied. The User can also choose not to replace a specific product by selecting the "Do Not Replace" option, located next to each product in the Cart.

5.10 To proceed with submitting the Order, the User must click the "Go to Cart" button and enter the following data:

a. Date and time of Product delivery (from the available options);

b. User's or another individual's full name;

c. Mobile phone number;

d. Any specific instructions that the User wishes to provide to the Picker.

5.11 After completing the required data, the User must click and activate the "Confirm Order" button.

6. Order Transmission

6.1 Upon confirmation of the Orders by the User, the App will transmit the Order to Zeuler, which will take it into account.

6.2 Zeuler, as the contracting party with the Picker, uses their services for the preparation and delivery of groceries to the User's home.

6.3 Zeuler, as the contracting party with the Driver, uses their services for the delivery of groceries to the User's home.

6.4 Pickers and Drivers may also be independent contractors without any subordination relationship with Zeuler, and they autonomously choose whether to accept the assignments transmitted to them by Zeuler.

7. Acceptance and Confirmation of Orders

7.1 Following the transmission of Orders by the App:

Zeuler will communicate to the User the receipt and acceptance of the Order by sending a communication to the Email Address;
Zeuler will send a proposal for an Assignment to the Picker(s) regarding the preparation and delivery of groceries to the User's home;
Zeuler will send a proposal for an Assignment to the Driver regarding the delivery of groceries to the User's home.

7.2 Zeuler's acceptance and confirmation of the Order result in the conclusion of the Purchase Agreement.

8. Execution of Contracts

8.1 Upon accepting the Order, Zeuler will provide a proposal for an Assignment to one or more Pickers for the purchase of Products from the Supermarket and to the Driver for the delivery of the Products to the User's home.

8.2 Upon accepting the proposal for an Assignment provided by Zeuler, the Picker will collect and/or deliver the Products to the User's home, and the Driver will collect and/or deliver the Products to the User's home.

8.3 The payment for the consideration of the Purchase Agreement can be made online or at the time of delivery, directly to the Driver, and the available options will be decided and shown by Zeuler on the checkout page. In case of cash payment to the Driver, Zeuler reserves the right to apply an additional service cost (so-called "supplement") as a commission for providing this service.

8.4 Upon request by law, Zeuler will issue an invoice and/or fiscal receipt for the Purchase, which will be transmitted in electronic format before the delivery, either to the User's Email Address or through the SdI (Sistema di Interscambio, the Italian Electronic Data Interchange System). The User will also receive an indication of the consideration for the Purchase Agreement at their Email Address.

8.5 Any disputes related to the execution of the Purchase Agreement should be addressed to Zeuler.

9. General Conditions for the "Pickup in Store" Option

9.1 The "Pickup in Store" option for grocery shopping, where specifically provided within the App based on the delivery address entered by the User, allows the User to place an Order with Zeuler (or directly with the Supermarket(s)) and personally pick up the groceries from the Supermarket(s) or through a delegate identified during the Order process.

9.2 With this option, the Purchase Agreement between the User and Zeuler (or between the User and the Supermarket(s)) is limited to the activity of preparing the groceries and ensuring their proper storage at the Supermarket(s) until the User picks them up within the selected time slot during the conclusion and transmission of the Order.

9.3 The "Pickup in Store" option is currently available only for certain Supermarkets and limited to a specific geographic area, and its availability will be communicated on the App or the Website.

9.4 During the Order process on the Website, the User is required to provide the identifying details (specifically: name, surname, and phone number) of the person who will pick up the groceries from the Supermarket within the selected time slot. 9.5 The "Pickup in Store" option does not incur any delivery cost. Zeuler reserves the right, if deemed appropriate and limited to certain Supermarkets, to apply a specific handling cost related to the "Pickup in Store" option.

9.6 After the Order is confirmed by the User, the App will transmit the Order to Zeuler (or to the Supermarket), which will process it.

9.7 Following the transmission of the Order by the App, Zeuler will communicate to the User the receipt and acceptance of the Order by sending a communication to the Email Address. The User will receive the necessary information to pick up the groceries from the Supermarket(s).

9.8 Following the transmission and acceptance of the Order by the App, the execution of the Agreement will proceed according to the provisions listed in the previous articles 7 and 7bis, except for the delivery of the groceries to the User.

9.9 The User (or the person delegated to pick up the groceries) must go to the Supermarket(s) within the selected time slot specified during the Order process to collect the groceries. At the time of pickup, the User (or the person delegated to pick up the groceries) must follow the process communicated by Zeuler for the collection of the Products.

10. User's Rights

10.1 The User has the right to request the cancellation of their profile from the Website at any time without any penalty and without specifying the reason.

10.2 To validly and effectively exercise the right to cancel, the User must send a written communication via email to the email address info@zeuler.com.

10.3 The User also has the right to request the cancellation of a specific Order at any time. If the User requests the cancellation of the Order after the picking process by the Picker or the Supermarket has started, Zeuler will charge the User the amount corresponding to the placed Order, subject to the exercise of the User's right of withdrawal only in cases provided by law.

10.4 The User has a period of fourteen days to withdraw from the Purchase Agreement without providing any justification. In addition to other cases provided by law, the right of withdrawal is excluded for:

the service of purchasing, picking up, and delivering groceries to the home after the complete provision of the service, with the User expressly accepting the loss of the right of withdrawal after the full execution of the service;
the supply of goods that are liable to deteriorate or expire rapidly;
the supply of sealed goods that are not suitable for return due to reasons of hygiene or health protection and have been opened after delivery;
the supply of newspapers, periodicals, and magazines.

The right of withdrawal must be exercised within the aforementioned period by communicating it via email to the email address info@zeuler.com (subject line: "Exercise of the right of withdrawal") along with a copy of the email with the subject line "Order received" and the indication of the specific product subject to withdrawal. Zeuler will promptly confirm the receipt of the withdrawal and provide complete instructions for returning the goods.

10.5 In case of non-compliance, the User can request, at their discretion, either Zeuler or the Supermarket through Zeuler to repair or replace the item, free of charge in both cases, unless the requested remedy is objectively impossible or excessively burdensome compared to the other option. Zeuler decides whether to replace, repair, or refund the Product, if due. The User loses the right to replacement or repair if they do not report the non-compliance to Zeuler or the Supermarket through Zeuler within two months from the date of discovery, by sending a communication via email to the email address info@zeuler.com

11. Discount Codes

11.1 Zeuler may make discount codes available from time to time, which provide free deliveries or other types of discounts ("Discount Codes"). Discount Codes may be sent to specific categories of Users from time to time, in compliance with personal data protection regulations.

11.2 The User can use a Discount Code by entering it at the time of placing an Order. Only one Discount Code can be used per Order. If an Order made using a Discount Code is canceled, the Discount Code cannot be reused. Discount Codes cannot be exchanged for cash or other alternatives and have no monetary value.

11.3 Discount Codes are generally offered subject to conditions, such as time limits, geographical limits, legal limits on minimum spending amounts, limits on specific categories of Users, or limited use in one or more specific Supermarkets or if a specific Supermarket is among several Supermarkets. Any special conditions of validity and use will be communicated together with the Discount Code.

11.4 First Order Code: as indicated in Article 3.5, following registration, the User may receive a welcome message containing a discount code ("First Order Code") of a variable value, which can be used for the first order with a minimum order value. After the first purchase, the User may receive additional discounts to be used for subsequent orders, subject to conditions.

13. Intellectual Property Rights - Copyright

13.1 The Website and the App are protected by copyright.

13.2 All intellectual property rights related to the Website and the App, as well as all materials published on them, belong to Zeuler or have been licensed to it. These works are protected by national and international copyright and intellectual property laws. All the aforementioned intellectual property rights are reserved. It is prohibited for the user to copy, reproduce, republish, download, publish online, disseminate, transmit, make available to the public, or otherwise use any content present on the Website, in any manner, except for personal and non-commercial use.

14. Final Provisions

14.1 This Regulation, as well as subsequent modifications and integrations, exclusively apply to and govern the relationship between the Company and the User. It is subject, exclusively, to Italian law.

14.2 Any variations or derogations from the Regulation are valid only if published on the Website and accepted by the User.

14.3 The nullity, even subsequent, of one or more clauses of the Regulation does not affect the validity of the remaining clauses or the validity of the other relationships established between the Company and the User.

14.4 In case of a dispute, the User shall first contact Zeuler's customer service via email at the following address: info@zeuler.com (subject: "Complaint"), or by sending a letter to Zeuler's registered office, indicated in the general contact information.

14.5 If the complaint to the customer service is not successful, the User may submit the dispute between them and the Company to a mediator who will seek, in total independence and impartiality, to reconcile the Parties and reach a friendly solution.

14.6 The European Commission has also created an online platform for the resolution of disputes ("ODR platform") between businesses and consumers. The ODR platform is accessible at the address ec.europa.eu/consumers/odr/.

14.7 Zeuler has the discretion to decide whether or not to participate in a consumer arbitration procedure. Zeuler also has the discretion, if it participates in a mediation procedure, to accept or reject what is proposed.

14.8 In the absence of an amicable agreement, any disputes regarding the application of these general terms and conditions of sale and their interpretation and performance will be brought before the competent court of the defendant's place of residence.

WEEE Information

What are WEEE waste?

WEEE waste refers to waste electrical and electronic equipment (EEE), which includes the waste from all devices that depend on electric currents or electromagnetic fields for proper functioning, as well as equipment for the generation, transfer, and measurement of these currents and fields. WEEE waste often contains toxic and polluting substances, and their improper disposal can cause environmental pollution with potential health effects on humans.

WEEE Regulations

According to Legislative Decree 49/2014, all end-of-life electrical and electronic devices should not be disposed of with regular municipal solid waste but should follow a separate collection procedure, prioritizing the recovery and recycling of the materials they are made of. Consumers can deliver their discarded electrical and electronic devices to public collection services or bring them to designated municipal areas (known as "ecological islands").

In compliance with the provisions of DM 65/2010, Article 1, paragraph 1, and Legislative Decree 49/2014, Article 11, paragraph 1, customers are informed that Zeuler S.r.l., upon supplying a new electrical or electronic device (referred to as "EEE") intended for a domestic household, ensures free collection (on a one-to-one basis) of the old electrical or electronic device (referred to as "WEEE") with the same functionality.

Procedure for Free WEEE Collection

Customers who wish to take advantage of the free WEEE collection service are required to directly contact Zeuler S.r.l.'s Customer Service. The Customer Service will request the customer to complete a specific form in order to identify: i) the order number; ii) the new electrical or electronic device purchased by the customer; iii) the WEEE that the customer intends to deliver for collection; iv) the customer's contact information (such as phone number and email address).

After completing this form, the customer can proceed with the delivery of the WEEE to the physical location where the new electrical or electronic device was purchased. The point of sale will ensure the free collection of the respective WEEE.

Free collection is not available for the purchase of items that do not belong to the EEE category, as detailed in Annexes 1 and 2 of Legislative Decree 49/2014.

Indemnification

In the event of the collection of WEEE containing personal data (including, but not limited to, photographs, phone numbers, generic files), the customer is solely responsible for deleting such data, thereby indemnifying Zeuler S.r.l. from any liability regarding the applicable legislation on the processing and protection of personal data.