Finland Terms of Service
Last modified on June 29, 2022
- GENERAL TERMS
- Starship Technologies (Finland) Oy (“Starship”) is the operator of the Starship mobile application (“App”).
- These terms of service (hereinafter “Terms”) apply exclusively to all legal relationships which arise between a user of the App (“User”) and Starship (together “Parties”), including to the provision of the service by Starship to the User via the App (“Service”). These Terms also apply to the Sales Agreements entered into between the User and the Partner (as explained below in clause 2.1).
- The User is obliged to read the Terms. If the User does not accept the Terms, then the User is not allowed to use the App, the Service and any other services which may be made available via the App. By accepting the Terms, the User represents and warrants that the User has read and accepts the Terms and that the User has a legal capacity to enter into a contract.
- DESCRIPTION OF THE SERVICE AND THE APP
- Starship provides a platform (being the App) whereby the User can purchase food and other goods (“Goods”) from Starship’s partners (“Partner”) by placing an order (“Order”) via the App.
- The sales agreement for the purchase of the Goods (“Sales Agreement”) is entered into between the User and the applicable Partner from where the User purchases the Goods. Additional terms may apply to the Sales Agreement (in addition to the Terms provided in this document), in which case such terms are made available to the User via the App or otherwise.
- Starship is not a party to the Sales Agreement and is not liable for the Goods. Starship is only a provider of information society services – making it easier for the Users to purchase Goods from the Partners by providing the App as a service. In addition to that, Starship provides an on-demand delivery service to the User for the delivery of the purchased Goods. The delivery service is provided via Starship’s automated delivery vehicles (“Delivery Robots”).
- GOODS AND PRICES
- The Partners provide information about the Goods to the Users via the App, including but not limited to the information of the Goods’ characteristics, allergens and instructions of use. The photos of the Goods displayed in the App are for illustration purposes.
- The prices of the Goods in the App and any applicable fees (e.g. delivery fee) are shown in Euros and include a value added tax. The delivery fee (or any other applicable fee) shall be displayed separately from the price of the Goods.
- Starship, on behalf of the applicable Partner, may change prices of the Goods going forward any time as deemed necessary. Starship may also change the delivery fee and charge any additional fees shown in the App.
- The User will be charged the prices of the Goods which are displayed in the App at the moment when the User places the Order.
- If the Goods are sold by weight (e.g. fruit), their final price may change as the Order is fulfilled. If the User is delivered Goods the weight of which is lower than ordered, Starship will return the price difference to the User within 14 days as of the delivery. If the User is delivered such Goods which weight is higher than ordered, the User is not obliged to make any additional payment.
- If the User has allergies or other dietary restrictions or wishes to receive more information about the Goods, the User should contact the relevant Partner. It is also possible to contact Starship’s customer support who can contact the Partner and forward the information to the User. In any case, the Partner is responsible for providing accurate, up-to-date and legally required information about the Goods.
- Starship and/or the Partner may, at its sole discretion, make promotional offers with different mechanisms and different prices to the Users. Unless made specifically to a specific User, such offers shall have no bearing whatsoever on the use of the App and/or the Service or the fees charged. Starship and/or the respective Partner reserve a right to expire or modify any promotion at any time.
- PLACING THE ORDER
- To purchase Goods from the Partner, the User must place an Order by using the App. To place an Order the User must:
a) choose the respective Partner from the App
b) add the Goods displayed in the App to the shopping cart;
c) enter the location where the Order shall be delivered within the delivery area (delivery areas are limited, as displayed in the App) – after that, the User is shown the estimated time of delivery;
d) verify his/her phone number, enter the payment details which shall be used for making the purchase (means of payment are displayed in the App) and other required information;
e) confirm that the Goods (and their quantities and prices) which were added to the shopping cart are correct and correspond to the User’s intent. Neither Starship nor the Partner are liable for damage or other harm which may derive from any incorrect information submitted by the User; and
f) finally, for placing the Order, the User has to press the icon “Pay”.
- Once the Order has been received and the User has successfully authorised the payment for the Order to Starship, Starship shall transmit the details of the Order to the Partner. When the Order is accepted by the Partner and Starship has provided the User with the Order confirmation on behalf of the Partner, then:
a) the User and the Partner shall be considered to have concluded a Sales Agreement for the purchase of the Goods; and
b) the User and Starship shall be considered to have concluded a delivery agreement pursuant to which Starship undertakes to deliver the purchased Goods to the User.
- After that, the respective Partner shall start preparing the Order.
- The Partner may impose certain restrictions on the Order, such as quantity and size limitations. Also, there may be a minimum value of the purchase required, in which case the User will be notified thereof before the Order has been placed by the User. If the Order fails to meet the minimum required value, the User can either pay the difference to meet the minimum value or to add more Goods to the Order from the same Partner.
- In case the Partner does not have the Goods ordered by the User, the Partner shall substitute such Goods with similar Goods at the Partner’s discretion or to the extent preapproved by the User within the App. As a default, the User consents to making substitutions when purchasing the retail Goods (the User can opt-out of a substitution in the App). If the User does not accept the substituted Goods or if it is not possible to substitute the Goods, Starship will return the price paid for the missing Goods to the User within 14 days as of the delivery. If the User accepts the substituted Goods and the price of such Goods is lower compared to the Goods originally ordered, Starship will return the price difference within 14 days as of the delivery. If the price of the substituted Goods is higher compared to the missing Goods, the User is not obliged to make any additional payment.
- Starship has the right to cancel any Order by notifying the User via text message, phone call or push notification. In this case Starship shall return the User the price of the Order (i.e. price of the Goods and any applied fees) as well as pay any applicable and possible compensation assessed on a case-by-case basis taking into consideration the situation in question within 7 days after the Order was placed.
- To purchase Goods from the Partner, the User must place an Order by using the App. To place an Order the User must:
- DELIVERY OF THE ORDER
- Once the Order has been prepared by the Partner and is ready for a pick-up, Starship shall deliver the Goods to the User.
- The ordered Goods shall be delivered by a Delivery Robot to the location specified by the User in the Order. The App will display the estimated time for when the Order shall arrive to the delivery location. The User acknowledges that the delivery time shown in the App is only an estimate and can change – including for reasons not dependent on Starship (e.g. bad weather conditions). As such, there is no guarantee that the Order will be delivered at the estimated time. In no event shall Starship or the Partner be liable to the User for any delays caused by force majeure.
- Starship shall send the User operational text messages (SMS) and/or push notifications about the User’s use of the App including status of delivery or Delivery Robot interaction information.
- The User must ensure that he/she is personally at the delivery location to accept the Order at the time when the Delivery Robot arrives. The User can obtain the Goods from the Delivery Robot by using the App. The User understands that due to technical reasons, the Delivery Robot is unable to enter buildings and climb stairs. Therefore, the User is obliged to accept the Order outside the building at the delivery address.
- When accepting the Order, the User shall immediately examine and verify whether the Goods, their quantity and quality correspond to the Order. The Order shall be deemed completed once the User removes the Goods from the Delivery Robot. When the User has received the Goods, i.e. removed the Goods from the Delivery Robot, the User must keep them substantially unchanged until the User has decided to keep the Goods.
- If the User is not at the delivery location for receiving the Goods within 15 minutes after the arrival of the Delivery Robot, Starship has the right to instruct the Delivery Robot to leave the delivery location and utilize the Goods. The User accepts and acknowledges that due to the technical solutions included in the Delivery Robot, it does not have a special cooling device but a cool bag, and thus it is not possible to deliver the Goods to the User after the Delivery Robot has left the delivery location.
- If the delivered Goods do not correspond to the Order (e.g. the Goods are incorrect or defective) or in cases where the Goods have been substituted and the User does not accept the substituted Goods, the User shall place such Goods back to the Delivery Robot. If the Goods were substituted, there will be a corresponding notice letter on top of the Goods inside the Delivery Robot.
- Once the Goods have been delivered, Starship shall send the User a receipt for the purchase of the Goods on behalf of the respective Partner and a receipt by Starship for the delivery (which is a document certifying the sale of the Goods and provision of the Service). The User agrees that this document is given to him or her in a format reproducible in writing (via e-mail).
- The User pays the purchase price of the Order (price of the Goods and any applicable fee, e.g. delivery fee) to Starship by using the payment functionalities made available in the App. The User authorises Starship to charge all sums for Orders made by the User.
- The Partners have authorized Starship as a commercial agent to collect all payments from the Users for the purchased Goods on behalf of the Partners as well as issue receipts for the purchased Goods to the Users on behalf of the Partners. The User’s obligation to pay for the Goods to the respective Partner from the Sales Agreement is considered as fulfilled at the moment the respective payment has been made by the User to Starship.
- The User accepts that a temporary pre-authorization hold may be placed on the User’s designated payment method to verify that the User’s payment card is valid and has funds available for the intended purchase. The amount of this pre-authorization hold may be greater or less than the total quoted at checkout. However, the User will only be charged the final fee total once the Order is registered as complete within the Starship system, which generally occurs between 24-48 business hours after the User receives the delivery. In the event that the pre-authorization hold is greater than the final amount, the difference will be returned to the User after the delivery is completed or cancelled, which may take up to 5 business days depending on the User’s bank.
- Service fees may be added to the cost of the Order pursuant to the contract concluded between the User and the User’s bank.
- All returns which Starship makes to the User will be transferred to the same payment account which the User used to pay for the relevant Order, if not agreed upon otherwise.
- Starship reserves the right to request additional information from the User if Starship has a reason to believe, in Starship’s sole discretion, that a payment method may be fraudulent.
- CANCELLATION OF THE ORDER
- If the User cancels the Order, the User may be charged depending on what stage the fulfilment of the Order was in at the time of cancellation. If the User cancels the Order after it has been accepted but is not yet being prepared, Starship will return the User the price of the ordered Goods as well as the delivery fee within 14 days after the Order was placed. If the User cancels the Order after the preparation has been started, or after the Order is out for delivery, the User is not returned any money.
- WITHDRAWAL FROM THE ORDER (APPLICABLE ONLY TO CONSUMERS)
- If the User is a consumer within the meaning of law, the User may withdraw from the contract (i.e. Order) without giving any reason within 14 days after receiving the delivery by submitting an unequivocal application of withdrawal to e-mail address email@example.com. This application must contain the User’s Order number, names of the Goods the User wishes to withdraw from, bank account details for the re-imbursement and the User’s contact details (e-mail address, phone number and name). Alternatively, the User can fill out the standard form for withdrawal which can be found here: https://www.kkv.fi/kuluttaja-asiat/tietoa-ja-ohjeita-yrityksille/kuluttaja-asiamiehen-linjaukset/verkkokauppa-ja-muu-etamyynti/#16 and send it to e-mail address firstname.lastname@example.org. The Partners have authorised Starship to accept the withdrawal applications on behalf of the Partners. Once Starship receives the withdrawal application, Starship will forward it to the respective Partner.
- The User only has the right to withdraw from the Order if the Goods are unused, unimpaired and still in their original packaging.
- In accordance with the Chapter 6 of the Finnish Consumer Protection Act, the right of withdrawal applicable to distance selling does not apply to the individual deliveries of foodstuffs or other everyday items to the home or workplace of the consumer.
- The Goods returned must be handed over to the respective Partner to the same location from where the Goods were ordered from within 14 days from submitting the notification of withdrawal to Starship. The contact details of the Partner’s location are made available in the App. Any direct costs which the User may incur related to returning shall be borne by the User and will not be refunded.
- The User may not withdraw from the Order in the following cases: (a) the Goods delivered deteriorate or expire rapidly; (b) the Goods delivered are in sealed packaging which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; (c) the Goods delivered are after delivery according to their nature inseparably mixed with other items; (d) the Goods delivered are sealed audio or video recordings or computer software and the User has opened the package; (d) the Goods delivered are newspapers, magazines or periodicals; (e) the Goods delivered are any other Goods listed in the Finnish Consumer Protection Act, Chapter 6, Section 16.
- If the User has withdrawn from the Order and the Goods returned are in proper condition, Starship will, on behalf of the respective Partner, return the User the price of the Goods as well as the delivery fee paid to Starship within 14 days after Starship has received the notification of withdrawal. If the User withdraws from the Order partially, then the delivery fee paid to Starship shall be returned proportionally. Regardless of the preceding, Starship has the right not to return the cost of the returned Goods and cost of delivery until the respective Partner has received the Goods or proof that the Goods are in transit back to the respective Partner.
- If the condition of the returned Goods has deteriorated, the User shall be liable for the decrease in the value of the Goods resulting from the User’s use if he/she has used the Goods in any other way other than what is necessary to apprehend the essence of the Goods, their features and their proper functioning. To do so, the User shall only handle and use the Goods in a way the User would be normally allowed to handle and use the Goods in a retail store before purchasing.
- USER’S LEGAL RIGHTS
- If the Goods are not compliant with the terms of the Sales Agreement and/or the Service is not compliant with the Terms, the User has the right to use legal remedies provided by the law in correspondence with these Terms.
- The respective Partner is liable for lack of conformity of the Goods which becomes apparent within two years as of the date of delivery (naturally – if the shelf-life of a certain Good is less than that then the time for submitting complaint is respectively shorter). However, this may be subject to the terms of the respective Partner from where the Goods were purchased from. The Partner is not liable for any lack of conformity of the Goods which resulted from the User’s actions and/or omission, including the case of unpurposeful use of the Goods or unproper preservation of the Goods.
- In the event of a consumer sale, it is presumed that any lack of conformity which becomes apparent within six months as of the date of delivery of the Goods, already existed before the delivery of the Goods, unless such presumption is contrary to the nature of the Goods or the deficiency.
- The User shall notify Starship in the case of a lack of conformity of the Goods immediately (but in any case, latest within two months after becoming aware of it). The Partners have authorised Starship to accept such notifications on behalf of the Partners and once Starship receives the notification of lack of conformity, Starship forwards this to the respective Partner. This notification should be submitted by the User by e-mail to email@example.com or by post to Laivakatu 3 00150 Helsinki, Finland. Such notification must include the User’s name, contact information, date of submitting the notification, description of lack of conformity of the Goods, photo(s) of the faulty Goods, the content of the claim and a document proving the purchase of Goods.
- If the Goods have defects for which the Partner is liable for, then the Partner shall replace the defective Goods. If the Goods cannot be replaced, the User is returned all the payments involved with the sale of such Goods.
- If the User is instructed by Starship (on behalf of the Partner), the User shall return the Goods for investigation. If the notification of non-conformity was done by the User within 6 months of receiving the respective Goods, the shipping cost for return is paid by Starship. If the notification is done after that, the shipping cost for return is born by the User but shall be compensated by Starship if the Goods were defaulted.
- By using the Service and the App, the User may receive text (SMS) messages at the phone number provided by the User and/or push notifications, which are messages the App sends to the User’s mobile device even when the App is not on. These messages and notifications include operational information about the use of the App and/or the Service, including status of delivery and Delivery Robot interaction information. The User will not be able to use the Service and the App without agreeing to receive them.
- If the User no longer wishes to receive the text messages (in which case the use of the Service and/or the functioning of the App may be hindered), the User must send an e-mail to firstname.lastname@example.org indicating that the User no longer wishes to receive any text messages, along with the phone number of the device receiving the messages. The User may continue to receive text messages for a short period while Starship processes the request, and the User may also receive text messages confirming the receipt of the opt-out request. If the User changes or deactivates the phone number provided to Starship, it is the User’s sole responsibility to update the personal information provided to Starship so that Starship does not inadvertently communicate with anyone who acquires the User’s old number.
- If the User no longer wishes to receive the push notifications (in which case the use of the Service and/or the App may be hindered), the User can turn them off by visiting the mobile device’s “settings” page.
- Starship may also send the User marketing push notifications and emails if the User has given a prior consent for this (opt-in). The User can turn off marketing notifications within the App. The User may opt-out of promotional emails by following the unsubscribe instructions in a marketing email.
- RESTRICTIONS AND CONDITIONS OF USE
- The User is solely responsible for all activities that are conducted via the App. The User agrees to notify Starship immediately if the User becomes aware of any unauthorized use of the App.
- The User confirms that he or she is a natural person using the Service and purchasing Goods for his/her own personal use and not for purpose related to his/her business or professional activities. The User must be at least eighteen (18) years old to use the App and the Service. By agreeing to these Terms, the User represents and warrants that he/she meets the requirements as described in this clause 11.2 and has not previously been suspended from using the App or Service.
- The User agrees that information provided to him or her may be in the English language.
- The User agrees to submit any data required from the User as instructed by Starship and/or required in the App. The User agrees and warrants that any information submitted to Starship is correct, accurate and up to date.
- The User is responsible for obtaining and maintaining devices or equipment (e.g. a smart phone) and connections needed to access and use the App and the Service and all charges related thereto.
- Subject to the Terms, Starship hereby grants the User a limited, non-exclusive, personal, non-sublicensable, non-assignable license to download, install and use the App pursuant to the Terms on compatible devices that the User owns or controls, solely for the User’s own non-commercial use. The license is restricted with the term of the agreement concluded between the User and Starship for the use of the App and is not limited with a territory. Starship reserves all rights not expressly granted to the User.
- The User agrees:
a) to use the App and Service solely for the User’s own personal use and not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the App and/or the Service (other than the Goods purchased);
b) not to access, or attempt to access, the Service by any means other than through the user interface provided through the App;
c) not to violate the applicable law;
d) not use the App or the Service in an unintended manner. This also means, it is prohibited to reverse engineer, decompile, disassemble or hack the App or the Service or be involved in any type of attack against the App or the Service or otherwise attempt to obstruct, disrupt or interfere with the operation of the App or the Service, or use bot, spider, virus, worms, any automated means or similar against the App or the Service; and
e) not to use the App or the Service for any other unlawful, prohibited, abnormal or unusual activity as determined by Starship in its sole discretion. This includes, it is prohibited to collect, use, copy or transfer any information from the App without the consent of Starship.
- Starship may require that the User would download and install updates to the App from time to time. The User acknowledges and agrees that Starship may update the App and/or the Service from time to time with or without notifying the User, and may add or remove features or functions to the App and/or the Service at any time in its sole discretion.
- The User is solely responsible and Starship has no responsibility or liability to the User for any breach by the User of these Terms or for the consequences of any such breach. Starship may immediately terminate its relationship with the User if it determines that the User has breached the Terms.
- Starship has no obligation to make the App or the Service available to the User, make any subsequent versions of the App or Service available to the User or to continue to support the App or Service in any way. The User’s access to the App and/or the Service may not be continuous and its features may change during the use of the App and/or the Service.
- Starship reserves the right to deny and stop providing the Service to any person or entity at Starship’s sole and absolute discretion without notifying in advance, for any reason or no reason, including, without limitation, for any violation of the Terms.
- CONTENT, FEEDBACK AND LINKS
- Starship is not responsible for third parties’ (including the Partner’s) content or information which is made available in the App or for any damages arising as a result of the use of or reliance on it.
- The User is solely responsible for the content (e.g. comments to the Partner, feedback to Starship, etc.) the User chooses to communicate and access using the App and/or the Service. The User hereby grants to Starship a royalty-free, exclusive, worldwide, perpetual, irrevocable and fully transferable and sub-licensable right and license for the User’s economic and moral rights (to the maximum extent pursuant to law) to use, copy and store the content submitted by the User without limiting its purpose. The fee for the license is considered to be the User’s right to use the App. The User warrants that the submitted content does not infringe the rights of any third parties.
- The App and the Service may contain links to websites or services operated by third parties (including Partners). Starship provides these links to other websites and services as a convenience and the use of these websites is at the User’s own risk. Starship is not liable for the content of these websites or services.
- Starship reserves the right to add or remove information, content or services from the App and/or the Service at any time at its sole discretion.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- Starship is not responsible or liable towards the User for the proper execution of the Sales Agreement by the Partner.
- The User understands and agrees that the use of the App and the Service are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied.
- Starship does not represent or warrant that the User is able to access or use the App and the Service at the times or locations of the User’s choosing and that the operation of the App and the Service is uninterrupted, timely, secure or error-free. The App and the Service may be subject to limitations, delays and other problems inherent to the use of the Internet and electronic communications. Starship is not responsible for any delays, delivery failures, or other damage resulting from such problems.
- Starship and its affiliates, licensors and business partners, including the Partners (collectively, the “Related Parties”) shall not be liable to the User under any contract, tort (including negligence) or other legal or equitable theory for any loss of profit and non-patrimonial damages. Without limiting the foregoing, in no case shall the liability of Starship or any of the Related Parties exceed one hundred Euros (€100) for any Order. Where damage is caused intentionally or due to gross negligence, or where death or damage to health is caused to a natural person, the foregoing limitations to liability do not apply. These Terms are without prejudice to any liability which cannot be excluded or limited by applicable mandatory consumer protection law.
- FINAL PROVISIONS
- Legal information and contact data. Starship’s contact e-mail address is email@example.com and phone number is +372 880 4012. Starship’s registry code is 2837415-1 (e-Business registrer), the value added tax identification number is FI28374151 and address is Laivakatu 3 00150 Helsinki, Finland.
- Amendments. Starship has a right to unilaterally amend these Terms at its discretion. The amended Terms shall become effective once the User has agreed with them or, in any case, 30 days after the amended Terms have been made available. If the User does not agree to the amended Terms, the User has the right to stop using the App and the Service and cancel the contractual relationship with Starship.
- Term and termination. These Terms are in force between the User and Starship until further notice as long as the User is using the App and the Service. The User can discontinue the use of the App and the Service at any time and cancel the contractual relationship with Starship by deleting the App. Starship can discontinue providing the App and the Service permanently or temporarily at any time.
- Governing law. The Terms as well as the legal relations deriving from the Terms between the Parties shall be governed by the laws of Finland without reference to its choice of law rules.
- Dispute resolution. If any disputes arise out of or relating to the Terms, the Parties shall attempt to resolve them through negotiations. If the matter is not resolved by negotiations, the District Court of Helsinki, Finland shall have the exclusive jurisdiction as a court of first instance of all disputes arising out of or relating to the Terms. If the User is a consumer, the User also has a right to bring the dispute before the District Court of the User’s domicile. Consumers also have the right to turn to the consumer advice service of the Finnish Competition and Consumer Authority (https://www.kkv.fi/kuluttajaneuvonta/), and subsequently request for solution from the national Consumer Disputes Board (www.kuluttajariita.fi). Moreover, a consumer may turn to European Commission’s Online Dispute Resolution platform (http://ec.europa.eu/odr).
- App store. The User acknowledges the app store provider (where the App is downloaded from) is not responsible for the App, its content, the Service provided by Starship or any Goods sold by the Partner. These Terms do not apply to any relations that the User has with the relevant app store provider.
- Severability. If any of the provisions of the Terms shall be held invalid or unenforceable, the remaining provisions shall remain valid and enforceable.
- Assignment. Starship may assign its rights under these Terms to any person without the User’s consent. The rights granted to the User under these Terms, other than the right to claim damages, may not be assigned without Starship’s prior written consent.