- The Service
Spencer is a communications platform for facilitating the connection between individuals seeking to order, food, beverage products, grocery items ("Groceries") and other items from your local retail premises ("Customer(s)"), and individuals (Personal Shopper) seeking to assist Customers by retrieving and delivering the shipments or parcels to and on behalf of Customers who have authorized the purchase of such.
The additional fee Customer pays that is above the retail price is for the purpose of engaging the Personal Shopper to perform the Services. Customer acknowledges and agrees that the Personal Shopper acts as the agent of the Customer in carrying out the Services, and that Spencer has no relationship with the Customer other than to provide the Support as set forth in this Agreement. Spencer does not have control over the quality, timing, legality, failure to provide or any other aspect whatsoever of the Personal Shopper Services.
The service is not available to persons under the age of 18, or to any person suspended or removed from the service by the Company. By accessing, browsing, or using the service you represent that you are at least 18 years of age and have not been previously suspended or removed from the Service.
If you are using the Service on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative with the authority to bind such organization to the Terms, and agree to be bound by the Terms on behalf of such organization.
The Service can only be use by creating an personal account on the www.hellospencer.co website, our networks, embeddable widgets or mobile application(including tablet application). The account consist of a Username and Password with a accurate and complete information about yourself as an Customer.
You are solely and fully responsible for all activities that occur under your password and account. Spencer has no control over the use of any User's account and expressly disclaims any liability derived there from. Should you suspect that any unauthorized party might be using your password or account, you will notify Spencer immediately so that appropriate action can be taken.
- Use the Service
Customers can only make use of the Service by submitting an order on the www.hellespencer.co through their registered account on the website, embeddable widgets or mobile application (including tablet computer application).
The following orders can be placed for the Spencer Service and are complying with the applicable laws and regulations concerning:
- Food and beverages.
- Shipments from a customer to an addressee.
- Shipments as clothes, electronics and household goods.
The following orders/shipments are prohibited from the Spencer Service:
- Animals (living or death) and not intended for human consumption. Excluded from this is carefully packaged meat for human consumption.
- Human corpses, human body parts, human embryos, or cremated or disinterred human remains.
- Shipments that require us to obtain a license for their transportation.
- - Hazardous waste. This includes, but is not limited to, used hypodermic needles or syringes transported for sterilization, recycling, disposal or for any other purpose, or other medical waste.
- Packages that are wet, leaking or emit an odor of any kind.
- Shipments or commodities that are prohibited by applicable law.
- Waste or garbage for disposal.
- Hard drugs.
- Shipments that doesn’t fit in to a couriers bag.
We reserve the right to refuse, reject, hold or return any shipment and may do so at our sole discretion and without liability to us and have no liability whatsoever.
Alcohol and tobacco can only be purchase in case the Customers have the legal age of 18 years. In case of doubt the Personal Shopper will or can ask for identification upon delivery and will refuse to complete the transaction in case the Customers is not of legal age (18 years). In such case the Customer will be charge with the transaction fee and the shipment will be hold and return without any liability of the Company.
For every order a fee will be charge and any fees, which the Company may charge you for the Service, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage or our decision to terminate your usage.
The fee you pay is based on certain facts such as location, order volume, type of order and the distance.
In case the Customer haven’t pay within the App, website, embeddable widgets, mobile application (include tablet computer application), it can pay at the door.
The price the Customer pay consist of the price of the Goods plus the fee for the Service.
The Company reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing.
- Limitation of liability
You agree that Spencer shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of or in connection with (1) your use of the Service (2) the liability or fitness of any Personal Shopper (3) in connection with the performance of or browsing in the website, embeddable widgets or mobile application (tablet computers application included). You further agree that Spencer shall not be liable for any damages arising from interruption, suspension or termination of the Service.
In no event shall Spencer total liability to the Customer(s) for any damages or losses arising shall exceed the amount paid by the Customers to Spencer.
You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless The Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the Company Entities) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms of Service or any representation, warranty, or agreements referenced herein; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) any claim or allegation of a third party that the Company has referred to you, to the extent based on any actual or alleged act or omission on your part or behalf, or any other claim or allegation arising as a result of such referral; and (v) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.
At its sole discretion, Spencer may modify or discontinue the Service, or may modify, suspend or terminate a customer access to the Website or the Service, for any reason, with notice to the customer without liability or for any other third party. In addition to suspending or terminating the access to the Service, Spencer reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Service is terminated, this Agreement will remain enforceable against you. You may terminate this Agreement at any time by ceasing all use of the Service. All provisions, which by their nature should survive to give effect to those provisions, shall survive the termination of this Agreement.
- Governing Law
The laws of the Netherlands govern this Agreement, without regards to its conflict of laws principles. If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The court of Rotterdam have exclusive jurisdiction.
Spencer reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. The continued use of the Website or the Service following any revision to this Agreement constitutes complete and irrevocable acceptance of any and all such changes.
- Contact Information
Heer Bokelweg 155
3032 AD ROTTERDAM