Shipping policy

DELIVERY and PICK-UP Orders

Users have the option of ordering, through the PICK-UP and/or DELIVERY option(s), a selection of products and/or services offered by certain Merchants. These options enable Users to physically collect orders from the Merchant’s establishments themselves. These options will only be available through those establishments for which this option has been enabled and in the countries selected by Foozila. Furthermore, such services will only be available to private individuals, and only for their own private use. They may in no event be offered for commercial use.

Foozila may enable, disable and/ or include new features relating to the PICK-UP and DELIVERY orders unilaterally at any time by giving prior notice to Users, if and as required by the applicable law. Once the changes have been published in these General Terms, they will apply to all those Users.

Without prejudice to the additional application of these General Terms to all matters not expressly envisaged in this section, the PICK-UP and DELIVERY services may only be used if the specific provisions set forth in this section are fulfilled.

A) DELIVERY Orders

Where so enabled for DELIVERY orders in the application, Users may place orders directly from those restaurants that have chosen to include this option and pick them up in-store at that moment.

To use the DELIVERY service, Users must use their Customer App (Foozila) or scan the QR code that is be displayed in a publicly visible area of each Merchants’ premises.
Once the QR code has been scanned, it will link to the menu of the restaurant where the User is located, so that he or she can place the order. The User will be able to select the items offered by the Merchant and confirm the purchase through the DELIVERY option.
If the QR code cannot be scanned due to any kind of error or defect, the User can check whether the order can be placed by searching for the Merchant’s store on their device directly from the Foozila App.
Once the order has been confirmed in accordance with the payment method enabled for this purpose, it may only be cancelled through the Foozila App before the Merchant has agreed to prepare it. If a User later wishes to change an order or the Merchant delays in its preparation, he/she must contact the Merchant in question directly.
Once the order has been confirmed, the order number will appear on the screen of the User’s device, and this must be shown to the staff of the Merchant when collecting it.
The price of orders placed through the DELIVERY option will not include the additional delivery cost.
Certain promotional codes may not be used for orders placed using the DELIVERY service.

B) PICK-UP Orders

Where so enabled for PICK-UP orders in the APPS, Users may place orders directly from the APPS at those Merchants’ establishments that have chosen to include this option and pick them up in-store within the times stated.

In order to be able to use the PICK-UP option, Users must select this option on the APPS for the establishments for which it is available, together with the products that they wish to buy at those establishments, and confirm the order on the APPS itself.
Once the order has been confirmed in accordance with the payment method enabled for this purpose, it may only be cancelled through the APPS before the Merchant has accepted and started to prepare it.
Once the order has been confirmed, the order number will appear on the screen of the User’s device, and this must be shown to the staff of the establishment when collecting it.
The price of orders placed through the PICK-UP option will not include the additional delivery cost.

Responsibilities and liability in relation to delivery requested through the APPS

Foozila cannot be responsible for delivery times, as they will depend on the Merchants’ own successful operations, the preparation of orders, the Delivery Persons themselves, and the information furnished by Users when placing orders or their availability and response at the time of delivery; therefore, the delivery times stated on the APPS are provided for indicative purposes only. Further, Foozila will never be liable for the availability of Delivery Persons or for their adequate and satisfactory performance of assignments.

The DELIVERY MAN is exclusively responsible for the delivery and/or management of the goods without prejudice to the fact that, in the event of an incident, the User contacts the DELIVERY MAN and Foozila through the APPS or other enabled channels in order to resort to a possible insurance policy.

Foozila shall also not be liable for any damage or deterioration of the goods. It is the User's responsibility to prove to the DELIVERY MAN and Foozila that the alleged damage or deterioration has actually occurred from the time the goods have been collected from the place of origin until they have been delivered to the User, in which case the User must contact the DELIVERY MAN and Foozila through the APPS or other enabled channels in order to resort to a possible insurance policy.

However, Foozila, as a platform that intermediates between User and DELIVERY MAN, may mediate as far as reasonably possible in the dispute that may arise between User and DELIVERY MAN during the delivery and/or management of goods through the APPS.

In the event of a dispute, the User shall be responsible for informing Foozila and contacting the DELIVERY MAN to claim any compensation.

Furthermore, any claim relating to the delivery and/or management of the goods shall be brought exclusively against the DELIVERY MAN and not against Foozila.

Home Delivery of Free Samples and Other Commercial Actions

Foozila reserves the right to enter into commercial agreements with other companies, brands, stores, entrepreneurs, professionals etc, to send promotional communications, including the addition of free samples to any orders delivered to the User’s, either occasionally or as part of recurrent sampling campaigns. In this regard, during any type of sampling campaign, certain Merchants or brands may have a prominent position if so agreed with Foozila for the purpose of the Merchant or brand promotion. The provision of samples will not entail any additional cost to the User.

The user acknowledges and accepts that, by ordering through Foozila, it may participate in any sampling campaign and receive various samples together with the orders made via the APPS, for mainly promotional purposes.

Foozila is, in no way, responsible for the quality and characteristics of the products provided as sample and will not be liable for any damage and/or offence caused by the delivery of the said sample. Further, Foozila is not responsible for any sampling campaign that the Merchants offering products or services through the APPS may organise and implement; while Foozila makes its best efforts to ensure legality of Merchants’ activities and Merchants commit to respect the law when using the APPS, Foozila cannot review the content of the orders and/or any sampling campaign organised by the Merchants in their condition of independent professionals/companies.

Responsibilities and liability in relation to delivery requested through the APPS

In the event of a dispute, the User shall be responsible for informing Foozila and contacting the DELIVERY MAN to claim any compensation.

Furthermore, any claim relating to the delivery and/or management of the goods shall be brought exclusively against the DELIVERY MAN and not against Foozila.

Specific considerations on the purchases of alcohol

Users who accept these Terms and Conditions may view and place orders involving the purchase and/or delivery of alcoholic products through the Foozila APPS. By ordering, the User acknowledges that he/she is of the age foreseen and permitted by the applicable law in the territory in which the order is placed.

In any case, Foozila reserves the right not to process/deliver any order including alcohol to those recipients of the order who cannot prove to be the User identified on the Foozila APPS, as well as the required age/other restrictions foreseen by the applicable legislation in the territory in which the User places the order. As a consequence of the foregoing, the User shall bear the full cost of the product and the costs associated with placing and cancelling the order.

In those cities where the sale and/or delivery of alcoholic products is restricted in certain hours, the User must respect the proper use of the APPS and, consequently, respect the time zones prohibited by the applicable legislation.

In any case, Foozila reserves the right to refuse to process/deliver the order including alcohol outside permitted hours. As a consequence of the above, the User shall bear the full cost of the product and the costs associated with the placement and cancellation of the order.

In the event that the User transfers his/her Foozila account to minors or persons who, due to their circumstances, may be in situations that require special protection, Foozila reserves the

right to initiate all civil/criminal actions to protect the rights of the most vulnerable people. In this regard, Foozila undertakes to use all material and human means to control this type of fraud, but in no case is responsible for the illegal transfer of an account to another person who has not expressly accepted these Terms and Conditions.

Foozila recommends moderate and responsible consumption of alcoholic products purchased.

Policy on the Delivery of Restricted Items

This section presents a non-Exhaustive List of Examples of items that may be legally limited or restricted in certain countries and/or cities in which the APPS operates, depending on the local legislation:

Alcohol and Tobacco Products	Alcohol and tobacco products, as well as any other related and/or assimilated products.
Animals and Regulated Species	Animal parts or fluids; banned seeds, harmful plants; regulated plants or other organisms (including their by-products) which are endangered or whose trade is regulated by law as applicable in any case.
Child pornography	Pornographic material involving children or content that may be perceived as erotic paedophilia.
Copyright on Software and Media	Unauthorised copies of books, music, films and other protected or licensed materials, including properly referenced copies; and unauthorised copies of software, video games and other protected or licensed materials, including from OEMs or other products that cause unsolicited messages to be sent.
Counterfeits and unauthorised products	Copies or imitations of designer products or other goods; items belonging to celebrities that would usually require authentication; false autographs; foreign currency; stamps; tickets; or other unauthorised goods.
Devices or tools for overcoming security measures	Modems, chips or other devices for dismantling technical protection measures as well as on digital devices, including for unlocking iPhones.
Drugs	Controlled substances, narcotics, illegal drugs and their paraphernalia, including psychoactive and vegetable drugs such as psychedelic mushrooms, as well as materials promoting their use.
Explosives and assimilated	Explosives, flammable, corrosive, corrosive, toxic substances
Gambling and Betting	Lottery tickets, bets, online betting site memberships/registrations, and related content. Permitted promotion of physical casinos.
Products Sold in Pharmacies	Deliveries of pharmaceutical products may be limited or restricted in certain countries and/or cities in which the APPS operates. Prescription drugs may not be ordered/delivered. OTC (over-the-counter) medicines, ancillary medical devices, as well as any other products for hygiene, nutrition or similar for human use sold in pharmacies may be subject to the mandate given by the User to the DELIVERY MAN and to what the pharmacist may deem appropriate.
Materials for hacking and cracking	Manuals, guides, information or equipment that infringes the law by damaging or fraudulently facilitating access to software, servers, websites or other protected property.
Human Body	Organs or other body parts; body fluids; stem cells; embryos.
Stolen or illegal goods	Materials, products or information that promotes illegal goods or facilitates illegal acts; goods not belonging to a person or which a person has no right to sell; goods produced in violation of third-party rights; goods infringing import, export or labelling restrictions; motor vehicles that are subject to transfer restrictions. You (the Foozila User) are solely and fully responsible for checking that all items are genuine and legal.
Illegal telecommunications equipment	Devices aimed at obtaining satellite signals without payment, illegal products for modifying mobile phones and other equipment.
Offensive goods	Goods, literature, products, or other materials that: Are defamatory of any person or group of people based on their race, ethnic origin or country of origin, religion, gender, or any other factor. Are defamatory of any person or group of people who are protected from defamation by the applicable law (e.g., the royal family in some jurisdictions). Praise or incite the commission of violence. Promote intolerance or hatred. Promote or support membership of terrorist groups or other organisations that are prohibited by law. Are contrary to public morals.
Offensive goods related to a criminal offence	Photographs of, or objects from, a crime scene, such as personal belongings, associated with criminals or criminal acts.
Culturally protected artifacts	Materials covered by the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or other goods whose sale, export or transfer is restricted by law; Artifacts, cave formations (stalactites and stalagmites);
Pyrotechnic devices and dangerous substances requiring special permission	Pyrotechnic items and related goods in markets in which their supply is regulated, as well as substances such as petrol or propane.
Traffic-related devices	Radars, number plate covers, illegal traffic-modification devices and related products.
Weapons	Firearms, ammunition and other items including, without limitation, firearms, knives that are either undetectable or easy to conceal, martial arts weapons, silencers, ammunition or ammunition magazines.
Money and Foreign Currency	Foreign currency or currencies insured with precious metals, as well as banknotes, coins or any other valuable securities.
Primary and Secondary Schools / Use by children	We reserve the right to refuse orders from users who are minors. In addition, we reserve the right to refuse orders at any location near a primary or secondary school, as well as to ask for sufficient proof of age.