By using the Dinghy Service, you agree to be bound by these User Terms of Service (“Terms of Service”).

Please read the following Terms of Service carefully before using the Dinghy Service. If you do not agree with the Terms of Service, you cannot use the Dinghy Service. These Terms of Service apply to any use of the Dinghy Service and to the Purchase Agreements made hereunder. A more detailed description of the Dinghy Service and information on system requirements is available at Dinghyeu.com. 

The Terms of Service are concluded between us and the User only, and not with Apple Inc., and Apple Inc. is not responsible for the Dinghy App or the content thereof. You agree that Apple Inc., and Apple Inc.’s subsidiaries (“Apple”), are third party beneficiaries of the Terms of Service, and that, upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third party beneficiary thereof.

1. Definitions

“Partner” means a restaurant, retail shop or other service partner who has signed a partner agreement with Dinghy, or their substitute, and who, as a trader, offers its products and possible delivery or other services for sale through the Dinghy Service.

“Purchase Agreement” means an agreement for the purchase of Partner’s products and possible delivery or other services made on an Order. With respect to Orders placed through the Dinghy, the Purchase Agreement forms a binding agreement between the Partner and the Customer Organization. With respect to Orders placed through any other payment method of the User, the Purchase Agreement forms a binding agreement between Partner and the User. 

“Dinghy” means:

Headquarters:

UAB LGM EU, Saltoniškių g. 12-2, LT-08105 Vilnius, Lithuania

Service Company in Croatia;

Dinghy Delivery d.o.o, Tolstojeva 32, Split, Croatia 21000

“Dinghy Service” means both Dinghy App and Dinghy website Dinghyeu.com and other additional locations as mentioned at Dinghyeu.com.

“User” or “you” means a natural person using the Dinghy Service. The User must be of the age of 18 or older.

2. Identity of Dinghy

UAB LGM EU, Saltoniškių g. 12-2, LT-08105 Vilnius, Lithuania

Company code: 305955939

Trade name: “Dinghy",

Email address: info@dinghyeu.com

3. Description of the Dinghy Service

3.1. Dinghy provides a platform on which the User can purchase food and other products or services from the Partner of their choice as well as possible delivery services either from the Partner or Dinghy, as applicable. In certain countries Partners charge Users a delivery fee and service fee for the delivery services as defined in more detail in the Dinghy Service where relevant.

3.2. The Partner provides the information about their products and possible services in the Dinghy Service, including but not limited to information on product characteristics, allergens and instructions of use. If you have allergies or other dietary restrictions or for other reasons wish to receive more detailed information about the products, please contact the relevant Partner. You can also contact Dinghy's customer support who can contact the Partner on your behalf for such enquiries. The Partner is however responsible for providing accurate, up-to-date and legally required information about the products, including providing information on applicable prices and indicating the price per unit where required under applicable laws. Please note that the sale and purchase of the Partner’s products and possible services may be subject to additional terms and conditions of the Partner or Dinghy on a case-by-case basis as set out in the Dinghy Service.

3.3. When selecting the Partner’s products and services that the User wishes to purchase from the Partner, the User makes a binding order to purchase the products and services from the Partner on the terms and conditions presented to the User herein and in the Dinghy Service before placing the order (“the Order”). After having received the Order, Dinghy will transmit the details of the Order to the Partner. When the Order is accepted by the Partner and Dinghy has provided the User with an order confirmation on behalf of the Partner, the User or the Customer Organization and the Partner enter into the Purchase Agreement for the purchase of the Partner's products and, if applicable, delivery or other services. In some cases, the Purchase Agreement for the purchase of the delivery service is entered into with Dinghy instead of the Partner, as reflected on the receipt. Dinghy will provide the User with a receipt on behalf of the Partner, unless regulation in the country where the User is located requires that the Partner provides the receipt directly to the User, for the products and, to the extent applicable, for the delivery services.

3.4. The Partner selected by the User will prepare and/or collect and pack the products set out on the Order. Dinghy is not responsible or liable towards the User for the proper execution of the Purchase Agreement by the Partner. Dinghy is liable for the execution of the delivery services ordered by User from the Partner or Dinghy on the Order as set out in these Terms of Service.

3.5. When you use the Dinghy Service, there may be a minimum value for purchase required, in which case you will be notified thereof before you make the Order on the Dinghy Service. Where an Order fails to meet the minimum required value, you will have the possibility to pay the difference to meet the minimum value or to add more products to your Order. The Partner determines in its sole discretion the selection and pricing of their products available on the Dinghy Service. The Partner may also impose certain restrictions on your Order, such as quantity limits and size limitations of the Order. The Partner is responsible for informing you of any limitation relating to the availability of any products. User accepts that in case a certain product is temporarily unavailable, the Partner will fulfill the remaining part of your Order without including the unavailable product in the Order. You will not be charged for products that are unavailable at the time of placing the Order.

4. Right of revocation

4.1. You cannot withdraw from or cancel an Order for products or services once you have placed it, unless explicitly provided otherwise in these Terms of Service. Prior to placing an Order for a product or service you should carefully review your selection. 

4.2. Consumer in the sense of these Terms of Service means any natural person who uses the Dinghy Service and places Orders for a purpose which predominantly cannot be attributed to their commercial or their self-employed professional activity.

4.3. Dinghy follows the limitations of consumers' statutory cancellation rights as set out in applicable laws, according to which the right of revocation shall not exist for Purchase Agreements concerning certain items, including, but not limited to, the following:

• products such as foodstuffs which are perishable or which may quickly pass their expiration date,

• products made to your specifications or clearly personalized,

• sealed products which are not suitable for return due to health protection or hygiene reasons, if such products were unsealed after the delivery,

• products which, according to their nature, are inseparably mixed, after delivery, with other items,

• sealed games, movies or computer software which were unsealed after delivery.

4.4. You have the right to revoke the Purchase Agreement of products, for which the right of revocation exists, within 14 days from the day of delivery of the products on the Order without giving a reason for the cancellation. In order to exercise your right of revocation, you must inform Dinghy of your decision to cancel by means of a clear statement (e.g., an email or a message sent through Dinghy’s in-app customer service chat) within the said time period of 14 days. The Partner as the trader of the products on your Order has authorized Dinghy to receive the revocation notification on the Partner’s behalf. In case the Partner has chosen to offer a longer cancellation period than 14 days, such a period will apply to Orders made through the Dinghy Service if explicitly mentioned in the descriptive details for the Partner on the Dinghy Service. If you wish, you can use the below model revocation form for making the revocation notification by filling in the information in the form and sending the information to Dinghy, which information shall also be forwarded by Dinghy to the respective Partner:

Model revocation form

-          To: [insert the name of the Partner, the Partner’s address and the Partner’s email address]:

-          Herewith I/we (*) revoke the agreement concluded with me/us (*) regarding the purchase of the following goods (*)/ the provision of the following services (*)

-      Ordered on (*)/received on (*)

-      Name of the consumer(s)

-      Address of the consumer(s)

-      Signature(s) of the consumer(s) (only in case of notification on paper)

-      Date

(*) Delete as applicable.

4.5. If you revoke the Purchase Agreement, Dinghy will refund to you all payments we have received from you, including the delivery fee (and service fee where applicable) no later than 14 days from the date on which we received notice of your revocation of the Purchase Agreement or a part thereof. Note that the delivery fee (and service fee where applicable) will not be returned in case of only a partial revocation of your Order.

4.6. For making the refund, we will use the same means of payment as you used for the original purchase of your Order, unless expressly agreed otherwise with you. Note that if you paid for the Order with Dinghy credits, we shall refund you in Dinghy credits. Dinghy may refuse a refund until the Partner has received the products back or until you have provided proof that you have returned the products, whichever is earlier.

4.7. You must return or send the products to the same Partner in the same location from which you made the Order. The contact details of the Partner’s point of sale are available on the Dinghy Service. You have to return the products to the Partner as soon as possible and in any case no later than 14 days after the day on which you notified us of the revocation of the Purchase Agreement. This period is deemed to have been observed if you dispatch the products before the expiry of the period of 14 days.

4.8. You shall bear the direct costs of returning the products. The returned products have to be in an unused condition and capable of being resold. You shall be liable for any loss in value of the products if such loss in value is due to handling of the products that is not necessary for testing their condition, properties and functionality.

4.9. Sometimes it may be possible that some of the Partner’s products that you wish to purchase through the Dinghy Service are temporarily out of stock. For such cases and to the extent the Partner has enabled substitutions, you may choose, prior to confirming your Order, whether you want to allow the Partner to substitute a missing item with a similar item. If you have allowed substitutions for a certain or all items in your Order, the Partner will substitute such missing items in accordance with the following principles: (i) the substitute will be chosen based on what the Partner considers to be the most appropriate substitute so that it corresponds as much as possible to the quantity, quality and price of the original item in the Order; (ii) substances typically causing allergies shall be carefully taken into account so that for example a lactose-free item is only substituted with a lactose-free item and a gluten-free item is only substituted with a gluten-free item; (iii) diet or light drink is substituted with a diet or light drink; (iv) organic is substituted with organic; and (v) domestically produced is substituted with domestically produced. You will not be charged for any additional fees or costs for a substituted item compared to the price of the original item in your Order. Should the price of the substitute be lower than the price of the original item in your Order, you will be charged the price of the substitute item.

5. User Accounts

5.1. You have a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Dinghy Service in the form offered to you by us from time to time solely for the purposes set out herein. The license granted to the User for the iOS Dinghy App downloaded from Apple’s App Store is further limited to a license to use the Dinghy App on any Apple-branded products that the User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service and these Terms of Service.

5.2. In order to use the Dinghy Service, the User must create a user account by following the registration instructions in the Dinghy Service. The Dinghy Service credentials are personal (unless otherwise agreed between Dinghy and the Customer Organization). The User shall ensure that any user account credentials and equivalent information required to access the user account of the User or the Customer Organization are kept confidential and used in a secure manner not accessible by third parties. A User may have only one personal user account.

5.3. Where it is suspected that any unauthorized person has become aware of a User’s user account credentials or has access to the user account of the User, the User shall immediately inform Dinghy thereof. The User shall be responsible for any use of the Dinghy Service and any activity under the user account of the User.

5.4. In order to use the Dinghy Service, you must submit valid credit card or other payment method information to Dinghy. Dinghy does not store information of your payment instrument, as this is done by a third party payment service provider used by Dinghy. You agree to pay for all purchases arising from your use of the Dinghy Service except for purchases made through the Dinghy at Work Feature at the Customer Organization’s cost. You must keep the credit card and other payment information that you have submitted to your user account updated.

6. Payments

6.1. The User may fulfill this payment obligation only by using the relevant online payment method provided in the Dinghy Service.

6.2. The payment will be automatically charged from the User’s credit card. Dinghy uses a third party payment service provider for processing of payments.

6.3. Cash is an additional payment method available in Croatia. Refunds in cash orders will be made in Dinghy credits or via another appropriate or legally required method. 

7. Delivery of an Order

7.1. If the User orders the delivery of the Order through the Dinghy Service, the Order will be delivered to the location confirmed by the User in the Dinghy Service. The User also has to provide a exact location by using location services for the confirmed location in the Dinghy Service. If no-contact delivery is applied to your Order, please note that the goods shall be deemed to be delivered and the courier marks the Order status as "delivered" on the Dinghy Service after which you bear the risk of the items in the Order.

7.2. The User must be available to receive calls at the phone number the User has submitted to the Dinghy Service. If the phone number provided by the User cannot be reached, the delivery may be canceled by Dinghy or the Partner and the User or Customer Organization may be charged for the full price of the Order.

7.3. The User may place an Order to be delivered as soon as possible (standard delivery method) or by pre-ordering a certain delivery time, to the extent these options are available on the Dinghy Service at the time of placing the Order.

7.4. Standard delivery option: The User must be present at the confirmed location set out in the Order between the time of making the Order until the products set out in the Order have been received. If the User is not available at the location they have confirmed within five minutes of the arrival of the delivery of the ordered products and the User does not respond after two contact attempts by the courier partner making the delivery, the delivery may be canceled by Dinghy or the Partner and the User or Customer Organization may be charged for the full price of the Order.

7.5. “Pre-order” delivery option: the User must be present at the confirmed location between ten minutes prior to the pre-ordered delivery time until the moment of delivery in the Order to receive the Order.

7.6. Courier can be late maximum 45 minutes if there are extreme conditions such as storm, wind, waves and other technical malfunctions related to the delivery boat.

8. Picking up and collecting an Order at the Partner’s point of sale

8.1. If the User has not ordered delivery of the Partner’s products set out in the Order, but the collection at the Partner’s point of sale, the products can be collected at the point of sale of the Partner the User has chosen in connection with the Order. The User will receive a separate electronic confirmation when the products are ready for collection. The Partner or Dinghy may set conditions for the identification of the User when picking up the products set out in the Order.

8.2. The Partner shall retain the ordered products for 60 minutes after the Partner has notified the User that the Order is ready for collection. However, this obligation is limited to the opening hours of the particular Partner’s point of sale and the Order has to be collected before the closing time of said point of sale of the Partner.

9. Eat-in Order

9.1. If the User has selected the option to consume the products set out in the Order at the point of sale of the Partner, the User will receive a separate electronic confirmation about the expected time of when the products will be ready to be consumed at the Partner’s point of sale.

10. Time estimates

10.1. Any delivery time or pick-up time or other time estimate communicated to the User by the Partner or Dinghy in the Dinghy Service are only estimated times. There is no guarantee that the Order will be delivered or available for pick-up or consumption at the estimated time. Delivery times of the products may also be affected by factors such as wind, storm, technical problems and other weather conditions.

11. Intellectual Property Rights

11.1. All Intellectual Property Rights in or related to the Dinghy Service and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Dinghy and/or its affiliates/subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.

11.2. These Terms of Service do not grant the User any Intellectual Property Rights in the Dinghy Service and all rights not expressly granted hereunder are reserved by Dinghy and its subcontractors/licensors.

11.3. Apple shall not be responsible for any investigation, defense, settlement or discharge of any claim that the iOS Dinghy App or your use of it infringes any third party intellectual property right.

11.4. User grants to Dinghy a worldwide, royalty-free, sublicensable, and transferable right to use, modify, reproduce, distribute, display and publish any content provided by User in connection with the Dinghy Service. Such content may include photographs, data, information, feedback, suggestions, text, and other materials that are uploaded, posted or otherwise transmitted relating to the Dinghy Service.

12. Additional Provisions for use of the Dinghy Service

12.1. The Dinghy Service is only available to persons of the age of 18 years or older. You may not register as a User if you do not fulfill this requirement.

12.2. The User shall observe all applicable rules and regulations when using the Dinghy Service, including the purchase of alcohol and tobacco products. To the extent delivery of alcoholic beverages or tobacco products is available in the country where the User is located, the User may be refused delivery of alcoholic beverages or tobacco products in case the User is unable to provide a valid photo ID to Dinghy’s courier partner delivering the Order proving that the User is at least 18 years of age. The User may be refused delivery of alcoholic beverages also in other cases stipulated by laws in the country where the User is located (e.g. if the User is showing signs of intoxication).

12.3. Dinghy is constantly developing the Dinghy Service and Dinghy may change or remove different parts of the Dinghy Service, including features, the products and Partners available in the Dinghy Service in part or in whole.

12.4. By using the Dinghy Service, the User may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Dinghy generally does not review content provided by the Partners. Dinghy is not responsible for third parties' (including the Partners') content or information or for any damages arising as a result of the use of or reliance on it.

12.5. You or the Customer Organization shall be responsible for obtaining and maintaining any devices or equipment (such as telephones) and connections needed for access to and use of the Dinghy Service and all charges related thereto.

12.6. The User will not: (i) use or attempt to use another person’s personal Dinghy account and/or access another person’s personal payment data through the Dinghy Service or use another person’s personal payment cards when using the Dinghy Service, without consent of that other person; (ii) copy, modify or create derivative works of the Dinghy Service or any related technology; (iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Dinghy Service or any related technology, or any part thereof; (iv) remove any copyright, trademark or other proprietary rights notices contained in or on the Dinghy Service; (v) remove, cover or obscure any advertisement included on the Dinghy Service; (vi) collect, use, copy, or transfer any information obtained from the Dinghy Service without the consent of Dinghy; (vii) use bots or other automated methods to use the Dinghy Service; (viii) create a Dinghy account using a fake identity or an identity of another person; or (ix) access the Dinghy Service except through the interfaces expressly provided by Dinghy, such as the Dinghy App and Dinghy Website.

12.7. Dinghy is entitled to remove a User from the Dinghy Service with immediate effect and/or refuse or cancel any Orders from a User if: (i) the User abuses the Dinghy Service or causes any harm or detriment to the use of the Dinghy Service or the Partners or Dinghy or Dinghy’s employees, (ii) Dinghy has reasonable belief of fraudulent acts by the User when using the Dinghy Service, (iii) the User places a false Order (for example by not paying or by not being present on the delivery or collection location in order to receive the Order) or otherwise fails to comply with his obligations arising from these Terms of Service; (iv) there is reasonable doubt about the correctness or authenticity of the Order. If Dinghy cancels an Order that has already been paid for, Dinghy shall transfer that amount into the same user account or Dinghy at Work Account as the one from which the payment was made by the User.

12.8. The controller of the personal data collected about Users is Dinghy Enterprises Oy, unless otherwise indicated. Dinghy Enterprises Oy shall process any personal data collected from the User in accordance with Dinghy Privacy Statement.

12.9. The User must comply with applicable third party terms of agreement when using the Dinghy App or the Dinghy Service.

12.10. The User represents and warrants that (i) they are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) they are not listed on any U.S. Government list of prohibited or restricted parties.

13. Term and termination

13.1. These Terms of Service are in force as a binding agreement between Dinghy and the User until further notice as long as the User is using the Dinghy Service. 

13.2. The User can discontinue the use of the Dinghy Service at any time. Dinghy can discontinue providing the Dinghy Service permanently or temporarily at any time.

14. Defects and complaints

14.1. Please note that the Dinghy Service may at any time be interrupted or permanently discontinued. The Dinghy Service may also be temporarily suspended. Do not use the Dinghy Service for backing up any data. While we do our best in providing you our platform and services (including new and/or temporary services such as no-contact deliveries, deliveries with novel technology or deliveries of new product categories) error-free, Dinghy does not promise or guarantee you anything regarding the reliability, functionality, timeliness, quality or suitability of the Dinghy Service, its features or any service offered by Dinghy. Dinghy does not promise or guarantee anything that is not expressly mentioned in these Terms of Service.

14.2. The Partner is solely liable for the contents, quality, safety and packaging of their products sold through the Dinghy Service and has a statutory defect liability for their products as set out in the applicable laws. You are responsible for inspecting the products in your Order without undue delay after receiving the Order. If there are any defects or other quality shortcomings in the products of your Order, then you should contact either the customer service of Dinghy, acting on behalf of the Partner, or the Partner directly and include a clear description of the defects or shortcomings. Regarding consumer goods, notices of defects should be made within a reasonable time from detecting the defect, however no later than within two months after being detected. Please note that in case of defects in foodstuffs or other products that by their nature spoil or age rapidly, it is crucial that you notify the defect as soon as possible to enable proper investigation and verification of the defect. Please note that Dinghy or the Partner may ask you to send a picture of the product in question in order to document and verify the defects. In case of a defect or a non-confirmity in the products of your Order, you are entitled to reimbursement in accordance with applicaple laws.

14.3. The Partner is solely liable for any defects in the contents and preparation or packaging of the Order or other shortcomings in the performance of the Purchase Agreement. Dinghy is not responsible for the information provided by the Partner on the Dinghy Service and does not give any warranty on the availability, quality or suitability of the products.

14.4. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Dinghy App. To the extent that any maintenance or support is required by applicable law, we, not Apple, shall be obligated to furnish any such maintenance or support. To the extent any warranty exists under law that cannot be disclaimed, we, not Apple, shall be solely responsible for such warranty. We, not Apple, are responsible for addressing any claims of the User or any third party relating to the iOS Dinghy App or the User’s possession and/or use of the iOS Dinghy App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Dinghy App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the iOS Dinghy App’s use of the HealthKit and HomeKit frameworks.

15. Applicable Law and Dispute Resolution

15.1. These Terms of Service shall be governed by and construed in accordance with the laws of the country where the User is located. 

15.2. If you are a consumer, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile. 

15.3. Disputes arising from these Terms of Service shall be resolved by the competent courts of the country where the User is located. A consumer may, however, always institute proceedings in the competent court of its domicile. If you are a User domiciled in the EU, you and Dinghy may also use the ODR platform managed by the European Commission to settle disputes. This platform can be found on ec.europa.eu/odr. 

16. Amendments

16.1. These User Terms of Service are subject to amendments.

16.2. Dinghy shall publish the amended User Terms of Service at the Dinghy Website. Dinghy shall inform the User of any changes that are material by nature on the Dinghy Service or by email to the email address submitted to the Dinghy Service by the User. If the User does not agree to any amended Dinghy Terms of Service, they shall discontinue the use of the Dinghy Service.

17. Assignment

17.1. Dinghy shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to Dinghy Service without the User’s prior consent.

17.2. The User shall not be entitled to assign any of its rights or obligations hereunder in whole or part.

Updated 01.03.2022