Terms of use for everest.gr & everest app

EVEREST.GR AND EVEREST APP TERMS OF USE

The company under the name “GOODY’S SINGLE MEMBER SOCIÉTÉ ANONYME OF CATERING SERVICES” and the distinctive title “EVEREST SINGLE MEMBER S.A” with headquarters in Spata, Attica (Athens International Airport “El. Venizelos”, building 14Β), with T.I.N. 094473860 and General Electronic Commercial Registry Number (G.E.MI.) 009219501000 (hereinafter referred to as “Everest”) created the website https://www.everest.gr (hereinafter referred to as the “Website”) and the corresponding smart phones app (hereinafter referred to as the “Application”) with the aim of electronic ordering of food, drinks, coffee, juices, beverages, dairy products and products sold at everest stores in general, either to be collected from the everest partner stores or to be delivered at a place chosen by the consumer. The use of the Website and the Application as well as of the individual services provided by them is subject to the present Terms of Use, the applicable Personal Data Protection Statement, and the Everest Cookies Policy. The use of the Website or/and the Application (even if simply browsing) implies the unreserved acceptance of the present Terms of Use and the Privacy Policy by the user, as they apply at all times. Further use of the Website or/and the Application following any amendments to the present Terms shall be considered as acceptance of these amendments.

Everest cannot guarantee the uninterrupted and without technical errors operation of the Website or/and the Application and bears no responsibility for any damages caused by the Website or/and Application not running smoothly or the access to them being interrupted

1. Terms and Conditions of registration

Simply browsing the Website does not require the registration and creation of a personal account by the user. The unregistered user of the Website (hereinafter referred to as “Guest”) will also be able to purchase Everest products in addition to browsing by filling out the special order form.

However, full access of the user to the services provided by the Website or/and the Application requires the registration of the user by creating a personal account (profile) and providing his personal information and data as well as connecting with his personal account in every subsequent use of the services of the Website or/and the Application. For the registration and use of the services of the Website the user has to be over 18 years old and have full legal capacity.

If the user wants and chooses to register in the Loyalty and Rewards Program “Everest Bite Club,” he has to be registered as a user of either the Website or the Application. By registering in the loyalty and rewards program “Everest Bite Club,” the user accepts both the present terms and the more specific terms associated with this program.

To create an account, the user declares and submits electronically all the information required by the system to complete his registration and accepts the present Terms, after reading them thoroughly and understanding them, as well as the Personal Data Protection Statement https://goodys.com/privacy-policy/

To create a personal account on the Website or/and the Application, the user must first enter the following information:

•  His full name.
• A valid mobile phone number which he legally owns.

To confirm this number, a secret four-digit numeric code (free of charge for the user) is automatically sent to him via SMS, which he shall enter on the Website or/and the Application when requested (two factor authentication). The user guarantees that he is the legal owner and possessor of this mobile phone number and that access to it is under his complete and exclusive control. The user shall take appropriate measures to prevent any unauthorised use of this line and acknowledges and accepts that any communication using it shall be presumed to be coming from, addressing to, and received by him.

A valid and active e-mail address (“e-mail”) legally assigned to him. An automated electronic communication message (system e-mail) will be sent to the user at this address to inform him of his successful registration and of basic functions of the Website. The user guarantees that this address is real, that he is the legal owner and user of the  address and that it is under his complete and exclusive control. The user shall take appropriate measures to prevent any unauthorised access and use of this e-mail address and acknowledges and accepts that any communication using this e-mail address is presumed to be coming from, addressing to, and received by him.

His unique password (“password”), which the user selects and enters on the Website or/and the Application based on the instructions provided to him on the Website or/and the Application in order for the passwords to be valid and acceptable. The user shall keep the password secret, shall not disclose it to third parties and shall take appropriate measures to prevent it from leaking to third parties, shall change the password in case he suspects or finds out that it has been leaked as well as at a regular basis for security reasons and shall never use a password assigned to another user for any reason, which may have come to his knowledge in any way. The technical support team of the Website or/and the Application will never ask the user in any way to reveal his password. Any communication requesting the user's password is considered suspicious and should be treated as such by the user.

Regarding all the above-mentioned information submitted by the user, he declares and guarantees that this information is accurate and true, and accepts that in case false information is found, his registration will be cancelled, and he will not have access to his personal account.

If the user suspects that his authentication details have been stolen or otherwise communicated to a third party, he has to change them and immediately inform Everest at contact-us@everest.gr. In any case and for security reasons, it is recommended that you log out of the account after browsing the Website or/and the Application. Everest reserves the right to ask the user to enter additional information as part of the verification and identification process and in order to enable the implementation of certain services provided by the Website or/and the Application. For example, in order to enable the delivery of the ordered goods to the place chosen by the user, the user will be asked to provide information about the exact location of the delivery point and the access to it, such as the postal address, postal code, floor, phone number, indication on the doorbell etc. This information is stored in the user's account and is filled in automatically, so that the user does not need to re-enter this information in case of future use of the services of the Website or/and the Application. In this way, browsing the Website and the Application as well as the services provided becomes more user friendly.

To complete his registration, the user shall confirm that he has been aware of the present terms and that he agrees with their content. He shall also choose whether he wants to receive new information and advertising messages from our company. If the user does not agree or is not aware of the content of the present terms, he will not be allowed to register on the Website or/and the Application respectively, as the registration requires knowledge and acceptance of the Terms of use, as applicable

2. Login to your account and content of your account

After successfully registering and creating a personal account, the user will be able to log in to his personal account in every subsequent use of the Website or/and the Application by entering his username (e-mail address or mobile phone) and password (secret code) in the corresponding fields, as set out above. It is also possible to have the access details to the account and certain information saved and filled in automatically, as set out above, so that the user automatically logs in to his account when browsing the Website or/and the Application and the ordering procedure becomes easier. In any case and for security reasons, it is recommended that you log out of your account after browsing the Website or/and the Application.

This account may contain data - from information already provided - relating to the user and the use of the services of the Website or/and the Application by him (user profile), such as (a) information about the exact location of the delivery point and the access to it, such as postal address, postal code, floor, phone number, indication on the doorbell, (b) the user’s consumption data and transaction history, (c) recommended personalised offers to the user based on his consumption data and transaction history, (d) list of the user’s favourite options etc

3. Modification of account details and deletion of account

By logging in to his account, the user has the right to modify and delete the information provided above and delete his account on the Website or/and the Application at any time, following the steps set out in the corresponding points of the Website and the Application, respectively. It is explicitly stated that deleting the Account automatically entails deleting the user's personal data. To delete his personal information, the user may send his relevant request electronically to contact-us@everest.gr, following the corresponding instructions detailed in the Personal Data Protection Statement. It is also explicitly pointed out that if the user is a member of the Everest bite club, in case he requests to be deleted from the Website or/and the Application, he will be automatically deleted from the Everest bite club Program as well

4. Services Provided:

4.1. Delivery of goods to the place chosen by the user (Delivery)

By selecting the relevant icon with the indication “Delivery,” the user may place his order electronically so that the ordered goods are delivered to the point chosen by him (provided that this point is served by an Everest store). Steps:

- Designation of delivery point: The user will be asked to provide information about the exact location of the delivery point and the access to it, such as the postal address, postal code, floor, phone number, indication on the doorbell etc. As long as the delivery point is served by an Everest store, the user will be able to place his order electronically.

- Selection of the goods to be ordered: The user will be able to select the products he wishes to order and configure his shopping cart accordingly. In order for the user to have the goods delivered to the place chosen by him, the total order must have a minimum cost of three (3.00) euros including VAT and all legal taxes and charges. It is clarified that the cost of € 3.00, which is the minimum order, shall be valid after any discounts and offers have been applied. Products included in an order may be found to be in short supply (not available) at the time the order is being prepared at the store. The user is informed by telephone about any products in his order, which are not available, and is offered alternatives.

- Method of payment and issuance of legal tax document:

1. Cash payment: The user may pay by cash on delivery, that is paying the distributor the price of the transaction only in cash upon delivery of the order.

Payment by Credit or Debit Card: The user may prepay (before the delivery of the order) the price of the transaction using his credit or debit card. For the terms governing electronic payment and security of electronic transactions, please read the relevant chapter of the present Terms carefully (“Electronic Payment & Transaction Security”).

Payment by Credit or Debit Card upon delivery: The user may pay the price of the transaction using his credit or debit card upon delivery of the order.

Payment with Ticket Restaurant upon delivery:  The user may pay the price of the transaction  using Ticket Restaurant vouchers upon delivery of the order.

Please note that the payment methods available may vary by service store, for example a store may not support a Credit or Debit Card payment upon delivery.

The user may choose the type of legal tax document to be issued by the respective  Everest store for each transaction.

- Selection of the time point of the delivery: The user may choose either direct delivery or delivery at a pre-set time. Direct delivery means delivery of the order within thirty (30) minutes from the completion of the submission of the electronic order on average. The indicative (and in any case non-binding for Everest) delivery time will appear on the user’s screen. Regarding the delivery at a pre-set time, the user may select the exact time he wishes to have his order delivered, among time zones of fifteen (15) minutes up to six hours later. The time limits of both direct delivery and delivery at a pre-set time are indicative, refer to the average delivery time of the entire network of everest stores in Greece at that time, may differ from the indicative delivery time displayed on the Website or/and the Application, are set to provide better services and for the convenience of the user and are in no way binding on Everest, which bears no responsibility in case the order cannot be delivered within the above-mentioned time limits for any reason.

- Placement and completion of order: By completing the above-mentioned steps and selecting the corresponding “Send Order” button-link, the order is forwarded to the competent Everest store, whose details (address and phone number) are displayed on the user's screen.

- Cancellation Policy: Cancellations or changes of orders by the user are made only directly by telephone contact with the store preparing the order and within a maximum period of fifteen (15') minutes before the indicative delivery time of the order displayed. In case the store cannot serve due to excessive workload, power failure, technical problem, bad weather conditions or other reasons of force majeure, the user is informed by telephone and the order is cancelled and if the user’s credit or debit card has been charged for the prepayment of the price, he is informed of the refund procedure.

4.2. Receiving goods from an Everest Store

By selecting the relevant icon with the indication “Take Away,” the user may place his order electronically in order to pick up the ordered goods from an Everest store of his choice, among those listed on the Website and the Application.

Steps:

- Designation of delivery point: The user will be asked to select the store, from which he wishes to pick up his order, among the listed Everest partner stores being displayed on his screen. For his convenience, a map showing the collaborating stores is provided. Once the user has placed his order to be picked up from a specific store, it is not possible to request to receive his order from another Everest store.

- Selection of the goods to be ordered: The user will be able to select the products he wishes to order and configure his shopping cart accordingly. There is no minimum order cost for picking up goods from an Everest Store. Products included in an order may be found to be in short supply (not available) at the time the order is being prepared at the store. The user is informed by telephone about any products in his order, which are not available, and is offered alternatives.

- Method of payment and receipt and issuance of legal tax document:

1. Payment upon receipt: The user may pay the price of the transaction in cash or by using a credit or debit card or ticket restaurant vouchers at the cash desk of the Everest store upon receipt of the order.
2. Payment by Credit or Debit Card: The user may prepay online (before the delivery of the order) the price of the transaction using his credit or debit card. For the terms governing electronic payment and security of electronic transactions, please read the relevant chapter of the present Terms carefully.

The user may choose the type of legal tax document to be issued by the respective  Everest store for each transaction.

- Selection of pick-up time: The user may choose either direct pick-up or pick-up at a pre-set time. Direct pick-up means the receipt of the order by the user fifteen (15) minutes after sending the online order. The pick-up time will appear on the user's screen, resulting from the calculation of fifteen minutes from the exact time of sending the order. Regarding the pick-up at a pre-set time, the user may select the exact time he wishes to pick up his order, among time zones of fifteen (15) minutes up to six hours later. The time limits for both direct pick-up and pick-up at a pre-set time are indicative, are set to provide better services and for the convenience of the user and are in no way binding on Everest, which bears no responsibility in case the order cannot be delivered within the above-mentioned time limits for any reason.

- Placement and completion of order: By completing the above-mentioned steps and selecting the corresponding “Send Order” button-link, the order is forwarded to the competent Everest store, whose details (address and phone number) are displayed on the user's screen. The user is expected to arrive at the store at the agreed time in order to pick up his order. In case the user is late to pick up his order, resulting in a risk that the ordered products do not meet all the agreed properties (e.g., hot drink or hot sandwich, respectively, which have cooled down), the Everest store bears no responsibility and the user must fulfil all his obligations under the contract of sale, without being able to withdraw or request a replacement.  In any case, the store preparing the order is not obliged to keep the order after 15 minutes of the pre-set pick-up time, in which case it is at its sole discretion to decide how to deliver the order. If payment upon receipt is selected as the payment method and the user does not arrive to pick up the order, the order will be cancelled.

- Cancellation Policy: Cancellations or changes of orders by the user are made only directly by telephone contact with the store preparing the order and within a maximum period of fifteen (15') minutes before the indicative pick-up time of the order being displayed. In case the store cannot serve due to excessive workload, power failure, technical problem, bad weather conditions or other reasons of force majeure, the user is informed by telephone, the order is cancelled and in case the user’s credit or debit card has been charged for the prepayment of the price, he is informed of the refund procedure.

5. Electronic Payment & Transaction Security

For payments using a credit or debit card when electronically sending/placing the order (before picking up the order), only credit and debit cards, the logo of which appears on the Website and the Application, are accepted.

All payments using a credit, debit and prepaid card are processed through the Viva Wallet digital electronic payment platform, which meets the requirements of the PCI-DSS Payment Card Industry Data Security Standard. In addition, for electronic card payments, strong customer authentication is applied under the 3-D secure protocol, in compliance with the European Directive No 2015/2366 (PSD2) and the Strong Customer Authentication requirements.

6. Personal Data

By registering, the user acknowledges that he has read and accepted everything mentioned in detail in the Personal Data Protection Statement https://www.everest.gr/privacy-policy/.

 7. Intellectual Property

Images, logos/trademarks, graphics, photographs, and texts, as well as any other element subject to intellectual property rights displayed on the Website comprise the intellectual property of Everest and are protected under the relevant provisions of the Greek and EU legislation. Consequently, any copying, analogue/digital recording and mechanical reproduction, downloading, processing, resale, and commercial exploitation in general of the content of the Website and the Application is prohibited.

 8. User Responsibility

The user visiting and using the Website or/and the Application agrees to use it in accordance with the law and the principles of morality.

He undertakes not to use the Website or/and the Application for the transmission or retransmission of illegal or/and immoral or/and harmful content in any way, or content and information infringing any rights, such as personality rights, intellectual or/and industrial property rights of third parties or content contrary to any provisions of law or contract. He undertakes not to transmit through or to the Website or/and the Application software viruses or any other technically harmful element for the Application and not to commit any act of breaching of this code or their security codes.

9. Everest Guarantees - Limitation of Liability

Everest guarantees that it will exercise due diligence during the execution of the present contract, as is appropriate in transactions and in the present contract.

Everest, its employees, or/and its representatives do not guarantee and are exempt from all liability in respect of:

(a) the uninterrupted and non-defective operation of the Website or/and Application

(b) the payment of any compensation, expenses, or penalties, in the event of the termination of the business or/and in case the Website or/and Application or their content or any other website associated with them is used, copied, or presented, regardless of whether Everest was aware or should have been aware of this possibility. Everest shall be released from any liability for the execution of the present contract in the event of force majeure.

10. Applicable law and Jurisdiction

The present Terms as well as any amendments thereto are governed by the Greek Law. The subject-matter jurisdiction courts of Athens are competent for any disputes arising from the use of the services provided through the Website, which cannot be settled out of court.

Lastly, please visit the present Terms of the website regularly to stay informed of any changes to the present Terms.