Términos y condiciones

These general conditions of use and legal information (hereinafter, General Conditions) apply to the website of Nozama.Green Ltd (hereinafter, Nozama), whose domain is Nozama.Green and the corresponding mobile application, as well as all its sites related to or linked from nozama.green by Nozama, as well as its affiliates already associated, including Nozama’s worldwide websites (collectively, the “Site”). The Site is owned by Nozama and its use and exploitation is licensed in Spain to its subsidiary Tesseract Recycling SL who, at the same time, is Nozama’s agent in Spain for the purposes of the use of the Site by third parties, that is, users of the Private sites that buy the products and services provided there. By using the Site, you agree to these terms of use. If you do not agree, please refrain from using it.

1. Object

Nozama is a technology company, whose main activity is the development and management of a technological platform through which, through a mobile application or a website (hereinafter, the APP) allows people to buy products that are susceptible to recycling through Nozama’s facilities or those of its recycling partners (“Recyclable Products”), and to certain local stores in some cities in different territories offer their Recyclable Products through it, and where appropriate, if the users of the APP and customers of The aforementioned local stores (the “Merchants”) request it through the APP, as an accessory, intermediate in the delivery of Recyclable Products and on the other hand, the collection of the same Recyclable Products in order to take them through the Recycling process. Therefore, Nozama acts as a mere agent of the Consumer and therefore cannot and does not assume any responsibility for the quality of the products or the correct provision of the services offered directly by the Merchants.

Likewise, Nozama is an “on demand” intermediation platform for collecting and collecting waste. It aims to facilitate that those people who need help with their errands or their face-to-face purchases in local shops (hereinafter the “Consumers”), can carry out their errands through said third parties, willing to voluntarily carry out the mandate conferred by Consumers (hereinafter, the “Zamers”).

The Zamers therefore, are a network of delivery people / pickers who are independent professionals who collaborate with Nozama, when they are interested in providing courier services, they connect to the Nozama Platform and in a certain time they commit to perform the courier / delivery / collection service entrusted by the Consumer through the aforementioned mandate. As a consequence of this, Nozama cannot assume responsibility for delivery times as they will depend on the good work of the Merchants, in the preparation of orders, and of the couriers themselves. For these purposes, the delivery times indicated through the Site are merely indicative.

Throughout these General Conditions of Use, we will refer to Consumers and Zamers, and Merchants as Users.

2. Terms of Use

Access to the Platform, and the voluntary creation of a profile by the User, implies the knowledge and express and unequivocal acceptance of these General Conditions and the Privacy Policy and the Cookies Policy by all Users.

3. Access and Registration for Clients

In order to be a Consumer of the Platform, it is essential that the following requirements are met:

Have reached or be over 18 years of age.
Truthfully fill in the required fields of the registration form, in which personal data such as username, email, telephone number and bank card number are requested.
Accept these Terms of Use.
Accept the Privacy and Data Protection Policy.
Accept the Cookies Policy.
The User guarantees that all the data on his identity and legitimacy provided to Nozama in his registration forms on the Platform are true, exact and complete. It also undertakes to keep your data updated.

In the event that the User provides any false, inaccurate or incomplete data or if Nozama considers that there are well-founded reasons to doubt the veracity, accuracy and integrity thereof, Nozama may deny access and present or future use of the Platform or of any of its contents and / or services.

When registering on the Platform, the User will select a username (username) and a password (password). Both the username and the password are strictly confidential, personal and non-transferable. Nozama recommends not using the same passwords as on other platforms to increase the security of the accounts. In the event that the User uses the same access credentials as on other platforms, Nozama will not be able to guarantee the security of the account or ensure that the User is the only one accessing their profile.

The User agrees not to disclose the data related to his account or make it accessible to third parties. The User will be solely responsible for the use of said data or the services of the Site by third parties, including the statements made on the Platform, or any other action carried out through the use of the username and / or password.

Nozama cannot guarantee the identity of registered Users, therefore, it will not be responsible for the use of the identity of a registered User by unregistered third parties. Users are obliged to immediately inform Nozama of the theft, disclosure or loss of their username or password, communicating it through the communication channels offered by Nozama.

3.1. Profile

In order to complete the registration on the Platform, the User must provide some information such as: User name, email address, telephone, bank card details, etc. Once the registration is completed, all Users will be able to access their profile and complete it, and edit and / or unsubscribe as they deem appropriate. Nozama does not store user payment data, which will be processed and stored by the payment service provider as described in these Conditions and in the Privacy Policy.

3.2. Credit card theft or theft

While Nozama cannot guarantee the identity of registered Users, Users will have the obligation to inform Nozama in those cases in which they are aware that the credit card associated with their Nozama profile has been stolen, and / or is being used. by a third party fraudulently. Therefore, since Nozama and its payment platform proactively ensure the protection of Users with the corresponding security measures, in the event that the User does not inform Nozama of said theft, Nozama will not be responsible for the fraudulent use that may make third parties of the User’s account. Nozama invites Users, in case of theft, theft or suspicion of misuse of their credit card to make the corresponding report to the police authority.

Nozama acquires the commitment to collaborate with the User and the competent authorities, if necessary, to facilitate reliable proof of the improper charge. In the event of fraud, Nozama reserves the right to interpose the actions that may be necessary when it is harmed by the improper use of the site.

4. Operation of the service. Terms of the Mandate.

When a User registered as a Consumer needs help with a message, they should go to the web platform or the corresponding Nozama application and request the service through said telematic means. The basic delivery service consists of the collection of a product and its subsequent delivery, both addresses established by the Consumer, provided that they are exclusively within Nozama’s territory of operation. Likewise, the Consumer may request Zamer to purchase products in person on their behalf, pick them up and deliver them to the addresses provided, through a mandate Zamer undertakes to acquire the products entrusted by the Consumer on their behalf, and as directed and specifications provided by the latter.

The Consumer is solely responsible for the correct consignment of the delivery and collection addresses on the Platform, thus exempting Nozama and Zamer from any negligence or error in the collection or delivery of the order derived from the erroneous consignment of the addresses. delivery and collection. As a consequence, it will be the Consumer who must assume the cost derived from the incorrect consignment of the delivery and collection addresses on the Platform.

The Consumer must provide all the information, as detailed as possible, regarding the service that is the object of the message, and where appropriate, in relation to the product that they request to buy from Zamer on their behalf in physical stores. To do this, you can enter the comments you consider useful in the “comments” section, as well as, where appropriate, you can share a photograph with Zamer to identify the order. The Consumer will have constant communication with the Zamer, being able to address the Zamer at any time so that it can carry out the conferred mandate according to the Consumer’s own instructions.

In order to facilitate direct communication with the messenger and in the event that there is an incident in the processing of the order and / or to communicate any change in it, Nozama makes an internal chat available to users that will allow direct contact and immediate between user and messenger during the execution of the order. The chat will cease to be active the moment the user has received the product or it has been canceled for any of the anticipated causes. In the event that the user wants to communicate with the courier or with Nozama after the completion of the order, they must use the contact form on the Platform and contact the Consumer Service.

The Consumer exempts Nozama and Zamer from any negligence or error in the indications that they provide for the purchase of the product that they request to buy from physical stores on their behalf. As a consequence, it will be the Consumer who must bear the cost derived from the incorrect consignment of the indications of the products on the Platform (i.e. incorrect address, incorrect product).

As long as the price of the product / or service does not appear on the platform, the Consumer may set an approximate price. In this case, the service or product may be purchased in person by Zamer in accordance with what the Consumer has estimated and never for an amount greater than 30% of said estimate. In the event that the price is higher, the Zamer will communicate with the Consumer to inform them of this situation and it will be the latter who will make the final decision whether or not to proceed with the purchase in-store. Nozama, with the sole purpose of helping the User, may provide a rough estimate of the price, without any case such estimate being binding on the final price to be paid by the User.

If the product and / or service is not available, the Zamer must call the Consumer to explain the options. In the event that the Consumer does not agree with any of the options set out by Zamer and, consequently, is not interested in the alternative options, he or she must assume the cancellation policy set out in these General Conditions of Use (in the section nine

In the cases in which the Consumer is not in the place consigned for delivery, Zamer will keep the product for 24 hours, or 10 minutes in the case of perishable products. Likewise, the Consumer must assume 100% of the cost of the basic delivery service, as well as the price of the product in the event that one has been purchased or contracted through Zamer on behalf of the Consumer, and must pay another service again to receive the undelivered products. Zamer will in no case be responsible for the deterioration or expiration of the product that is the object of the message.

Once the message is completed, in the event that a face-to-face purchase of a product has been requested, Zamer will deliver the corresponding physical receipt to the Consumer.

5. Return of products

In the event that the Consumer wishes to proceed with the return of a product or wishes to make a claim about the performance of a service, without prejudice to the fact that Nozama, as an intermediary, assumes the management of it, the final responsible will always be the merchant in which the purchase was made. In case of refund of the purchase amount to the Consumer, it will be the merchant that will have the power to decide the return method (cash, credit card, purchase voucher …) regardless of whether Nozama is the one on behalf of the local merchant proceed to the return. Therefore, the return of a product purchased by Zamer in execution of the mandate conferred by the Consumer will be subject in any case to the return policy of the store.

In the event that the User wants to process the return of a product because it does not conform to what he has requested through the platform, the User must provide a photograph of the total order along with a list of incorrect or non-delivered products. , as well as other evidence that demonstrates the unsuitability of the requested product.

The Consumer must check the products that Zamer delivers to the delivery address before proceeding to sign and ratify the mandate. With the signature, the Consumer confirms and ratifies the mandate, the face-to-face purchase or service performed on his behalf. Likewise, the Consumer states that a third party may ratify the mandate on their behalf, for example in those cases in which the Consumer is not at the final delivery address or has designated a third party for the collection and signature. Thus, the Consumer and / or said third party are responsible for verifying the adequacy of the service, as well as, where appropriate, gathering sufficient evidence to justify otherwise.

In any case, it will be the power of the merchant to determine in each case the origin of the return, therefore, in the event of a dispute, the Consumer must inform Nozama through the means provided by Nozama for this purpose.

6. Rates for services and billing

The registration and use of the Platform for Clients is completely free.

The use of the Platform by Zamers and merchants may have an associated cost depending on the destination country from which they wish to use the Platform to provide services.

The Consumer will only have to pay for each service requested through the Platform. Additionally, in those services that include the purchase of a product, the User must pay the price of said product. The User, by registering through the Platform and providing the required banking information, expressly authorizes Nozama to pass the receipts corresponding to the payment of the requested services, including the price of the requested products.

The total price of each service can be made up of a variable percentage depending on the kilometers and time that the Zamer must travel and use, as well as, where appropriate, the price set by each business for cases in which the User requests the physical purchase of a product or service. Nozama reserves the right to modify the price depending on the time slot and / or distance in which the service is performed. In accordance with these conditions, the Consumer will have the right to know the approximate rate of their service before contracting it and formalizing the payment, except when the user does not specify the collection address. The shipping service rate may vary when there are force majeure circumstances that are beyond Nozama’s reach and that lead to an increase in said rate.

The rate may include tips for the Zamer and / or the local store, the amount of which will depend solely and exclusively on the will of the User.

Nozama reserves the right to modify its prices at any time. The changes made will take effect immediately after they are published. The User expressly authorizes Nozama to send him by telematic means, to the email address provided by him during the registration process, the receipt of the contracted services and / or the invoices generated. In case an invoice is required, the user must add the tax data to the platform before placing the order.

The subsequent cancellation of the service by the user, when there has already been confirmation of the preparation of the order by the local business and it has been communicated to the User, will empower Nozama to charge the Consumer the corresponding rate. Likewise, in the event that the User has requested Zamer to purchase a product on his behalf, if the Consumer cancels the order when the purchase has already been made, he will assume the costs of the shipping services performed by Zamer, as well as the product. All this without prejudice to the fact that the Consumer may request a new service in order to return the products purchased, or that they are delivered to another address. In the case of non-perishable products, the User may exercise his right of withdrawal before the business that has sold the products. If you wish to exercise the right through Nozama, you must contract the new service.

6.1. Payment platforms

The payment of the products and / or services that are sold in person in the Restaurants and / or stores, and are delivered to the Clients on a deferred basis, is made temporarily to Nozama and this transmits it to the Restaurants and / or stores with which maintains a commercial agreement (hereinafter the “Partners”). The Partners authorize Nozama to accept payment on their behalf, so that the payment of the price of any product (ie food, drink, gift …) made correctly in favor of Nozama will relieve the Consumer of the obligations of paying said price to the Partner .

Likewise, the payment of the Consumer relieves him of any obligation with respect to Zamer, having the total charge to the Consumer releasing effect on any obligation that he may have with Partners and / or Zamers.

The payment of the products and / or services made by the Clients is received in the Nozama accounts through an Electronic Money Entity. Electronic Money Entities are authorized to provide regulated payment services in all the territories in which Nozama operates and comply with current regulations regarding payment services for Platforms such as Nozama.

Nozama, through the payment provider that it has contracted for this purpose and with the sole purpose of verifying the payment method provided, reserves the right, as an anti-fraud measure, to request the pre-authorization of the charge of the products ordered through the platform. The aforementioned pre-authorization will not imply, in any case, the total payment of the order as it will be made solely and exclusively after making the products available to the user or, for the reasons described in these terms and conditions.

7. Price of the products and/or services consigned on the Platform

All prices indicated on the Platform include the taxes that may be applicable depending on the territory from which the User operates and in any case they will be expressed in the current currency depending on the territory from which the User operates.

In accordance with Clause 6 above, the prices applicable to each service will be those published on the Platform subject to the particularities set forth and applied automatically in the contracting process in the last phase of the same.

However, the prices of the products for sale in restaurants and / or stores shown on the Nozama Platform may be indicative. In any case, these prices correspond to products sold in restaurants and / or stores and are exclusively set by them. The Consumer may contact Zamer in order to confirm the final price of the products ordered.

The User assumes that in any case the economic valuation of some of the products may vary in real time depending on the establishment that sells them and the “stock” available.

In accordance with the foregoing, the Consumer by means of the purchase and shipment request through the platform confers on Zamer a mandate to acquire the products in person on their behalf for the price set by the merchants. The Consumer may be in direct contact with Zamer both during ordering and delivery to indicate to Zamer which product he is requesting.

8. Promotional codes and / or other offers or discounts

Promotional codes and / or other offers or discounts offered through the Platform must be correctly entered in the application prior to placing the order, otherwise their use will not be effective for the User and they will not be able to enjoy them.

Whenever a cancellation is urged by Nozama in the terms described in section 9 below, the Consumer will maintain the validity of the promotional code and / or other offers or discounts for future use. When the cancellation is requested by the User, the provisions of section 9 below will be followed.

Nozama reserves the right to cancel the promotional codes and / or other offers or discounts offered when it becomes aware of a fraudulent use of them (ie redeem a promotional code when it is not the legitimate recipient of the same, massive transmission of codes, sell discounts or codes, …), also reserves the right to apply sanctions to users for the amount of use defrauded the Company.

9. Right of withdrawal and cancellation of orders

In accordance with the very nature of the service offered by Nozama, the User is aware that once a Zamer has voluntarily accepted an order, it is considered that the execution of the purchase mandate has begun and therefore the User will not have the right to withdraw. the service request for free.

If, in addition, at the time of cancellation of the service, Zamer had already made the entrusted purchase of the product or the contracting of a service, the user may instruct Zamer to return it. For this purpose, the User must pay the total cost of purchasing the products and the delivery costs, as well as the cost of the return service. In the event that Zamer has been able to return the product, the User will be reimbursed the value of the product, and the User, as has been said, must pay the cost of the two collection and delivery services, as well as the return. The return in any case will be subject to the return policies of the store, so the Consumer declares to be aware that in the case of perishable products (ie food), it is possible that the return cannot be made and therefore, Nozama will be empowered to load both the product that Zamer had already acquired under its mandate, as well as the shipping service incurred.

In the event that the Consumer has incorrectly indicated the delivery address of the products, he / she may enter a new address at any time as long as it is within the same city of the initial order and as long as this is a city where Nozama offers your matchmaking service. In that case, the Consumer will be commissioning the hiring of a new service and accepts that the amounts corresponding to the new delivery will be charged. In case of being in another city than the one initially indicated, it cannot be modified to be delivered in a new city and the order will be canceled, and the Consumer must bear the costs generated as established in this clause.

Nozama reserves the right to cancel an order without having to claim just cause. In the event of cancellation urged by Nozama, the User will be entitled to a refund of the amount paid.

Nozama has official complaint forms available to consumers, for the purpose of the service offered by Nozama, in the official languages ​​of the countries where Nozama operates. The aforementioned claim forms may be requested by the consumer through the Nozama Consumer Service and the option to access them will be automatically sent. The consumer must specify in the email and the exact location from which the request is made that it must coincide with the place where the service is performed, in case of doubt, the latter will be the place where the claim should be filed.

10. Special conditions of the order service for the purchase of products through Nozama

The Consumer has the option of requesting, through the Platform, the face-to-face acquisition by Zamer of a series of products and / or services that are offered by establishments with which Nozama may or may not maintain a commercial agreement (the “Partners”) . The Consumer can select through a drop-down menu within the Platform, a series of options where the characteristics, the price, as well as sometimes even a photograph of the product or service can be indicated for guidance.

In those cases in which the User wishes to know the composition and nutritional information of the products present on the Platform, the User must contact each establishment directly (by means of a contact provided by Nozama for greater convenience) so that they can access the complete information of the products.

Once the Consumer selects one of the options, he may also complete the order by means of a free text space to include more detailed information or instructions for the Zamer that is in charge of carrying out said order.

Through the free space, the Consumer expresses his willingness to order the purchase of certain products in person, the Zamer being a mere agent on his behalf. As a consequence of this, the Consumer would be the only person responsible and who, if necessary, would assume any incidence derived from the nature of said products (i.e. sanction, civil and / or criminal liability, patrimonial liability …). In this regard, it is important to inform the User that Nozama actively collaborates with the authorities of each country in order to fight against fraud, drug trafficking, money laundering, terrorism and identity theft, among others. Therefore, the User is aware that Nozama may communicate their data to public authorities, when so requested, in order to prevent and avoid the commission of these or other crimes.

The Consumer is aware and accepts that the descriptions and, where appropriate, the prices or photographs of the products and / or services offered on the Platform are made based on the information and documentation provided by the Merchants, so Nozama cannot offer guarantees against possible inaccuracies in said descriptions, prices and / or photographs.

Likewise, the Consumer accepts that all the products reflected on the Nozama platform are subject to their availability and in this sense they assume the possibility that during the ordering they may find the product and / or service unavailable in trade. Additionally, the price of the product may vary slightly due to modifications at the point of sale. Nozama reserves the right to proceed with the purchase in the event of price variations of up to 30%, if it exceeds the aforementioned 30%, Zamer will contact the Consumer to transmit the situation.

Nozama reserves the right to withdraw any product from its platform, as well as to modify the content of its file at any time, without any type of responsibility being attributed to it.

10.1. Deliveries

Nozama provides the Consumer with a delivery service for the products purchased in person by Zamer in certain cities. The order can be made provided that the following conditions are met at the time of payment of the order:

The service is operational for the chosen time slot.
The merchandise to be delivered must be within one of the cities and within the designated space where Nozama operates.
The place of destination must be located in the same city in which the product is located.
The size of the order cannot exceed the measurements: 40cm x 40cm x 30cm.
In the “Markets” section, the maximum number of products that may be requested will be ten (10).
The maximum weight to load in an order will be, approximately, 9 Kg

10.2. Price and payment method

The price of the product and / or service will be that indicated by the Merchant through the Platform. However, the Consumer is aware that in any case the economic valuation of some of the products may vary in real time, due to the availability of stock of the establishments that are offered on the platform, and that in any case the final cost will be always communicated to the Consumer prior to payment.

The Consumer will have continuous contact with Zamer, who will act on their behalf in the acquisition of products and services, so any change or variation will be communicated by Zamer prior to the execution of the mandate for Consumer approval. In case of wanting to make any assessment about the order placed, the Consumer will always have the possibility of contacting directly with the Zamer that executes the given mandate.

Likewise, during the payment gateway, the Consumer will be informed of the final price of the shipment and the approximate time of delivery according to the conditions of Nozama’s delivery service expressed above.

The Consumer may pay for the products and / or services in cash or through their credit card. The cash payment option may not be available in all countries where Nozama operates. The Consumer will be informed, when they agree to place the order, of the different payment options they have depending on the territory from which they request the service. To pay by card, the Consumer must provide their data through the platform as a payment method associated with their account. Nozama does not store the card number on its servers, and it will only be able to view the last four digits of the card. The complete information will be stored on the servers of the payment service provider that makes payments on behalf of Nozama. Payment by credit card will not entail any extra cost for the Consumer. All this in accordance with the terms of the payment platform set out in Clause 6.1.

In the case of cash payment, the Consumer must pay the price at the time of delivery of the product and / or fulfillment of the message at the place of delivery. The Consumer may not refuse to pay the cost of the delivery service and / or the price of the requested product. The Consumer may only refuse to pay the cost of the service if they have made a complaint and received a favorable resolution from Nozama at the time of delivery.

When the collection of the service to the Consumer could not be made for any reason, the user’s account will be blocked as long as the debt is not regularized and paid.

 

10.3. Home delivery of free samples and other commercial actions

Nozama reserves the right to enter into commercial agreements with Shops, Large Stores, Entrepreneurs, Professionals (ie large consumption companies in the food sector, laboratories, Department Stores, large and small consumption brands …) for the purposes of making promotional communications, including sending free samples home together with the order requested by the User. Said commercial actions must be explicitly accepted together with these Conditions of Use by Users.

11. Purchase of alcoholic beverages

Users who place an order that includes the acquisition and / or delivery of alcoholic beverages through the platform must be of legal age, having reached 18 years of age. By placing an order that includes alcoholic beverages, the User confirms that they are at least 18 years of age. Nozama reserves the right to refuse to allow the purchase order and / or delivery of alcohol to any person who cannot prove to be at least 18 years of age.

This clause will be of identical application to any other product and / or similar service reserved for the age of majority according to current legislation and that is requested by a User through the Platform.

Likewise, in the cases and in the cities where the sale and / or delivery of alcoholic beverages is restricted in a certain time slot, the User is responsible for placing orders at the times allowed according to the applicable regulations. Nozama reserves the right to refuse to allow the purchase order and / or delivery of alcohol outside the allowed hours.

12. Products in pharmacy offices

Nozama no realiza la venta ni publicidad de medicamentos de uso humano a través de la Plataforma cumpliendo con la normativa vigente. Los Zamers actúan como mandatarios de aquellos Usuarios que solicitan medicamentos de uso humano no sujetos a prescripción médica a través de la Plataforma para su recogida.

Nozama garantiza en todo caso a los Usuarios el consejo farmacéutico antes de solicitar sus medicamentos, para ello Nozama ha habilitado una casilla en SOLICITUD ESPECIAL para que en caso de duda por parte del Usuario consulte al farmacéutico que dispensará el producto o productos a través del mismo todo ello con la finalidad que el Farmacéutico pueda dispensar el producto adecuado.

En cualquier caso, Nozama no se hace responsable del uso que hagan los Usuarios de los productos solicitados en la sección de Farmacia así como tampoco responderá por las cantidades y/o condiciones de los productos que se dispensen en las oficinas de farmacia.

Adicionalmente, la Plataforma podrá ceder a la farmacia que dispense el medicamento solicitado por el Usuario, el nombre de usuario y teléfono de éste, a efectos de responderle a las cuestiones planteadas. Dicha cesión estará sujeta en todo caso a la autorización expresa e inequívoca del Usuario de acuerdo con la legislación aplicable en materia de protección de datos de carácter personal.

Nozama pone a disposición de todos los Usuarios de Nozama en la Plataforma la ficha técnica oficial de los medicamentos publicada por la Agencia Española de Medicamentos y Productos Sanitarios del Ministerio de Sanidad, Política Social e Igualdad.

 

13. Policy of reserved materials in shipments

Non-limiting list of examples:

Alcohol and Tobacco

Deliveries of alcohol and tobacco may be limited or restricted in certain countries / and cities where the Platform operates.

Regulated Animals and Species

The parts of animals, or fluids; forbidden seeds, noxious plants; plants or other regulated organisms (including their derivatives) in danger of extinction or whose trade is in any case according to what the law provides.

Child pornography

Pornographic material involving minors or content that may be perceived as erotic pedophilia.

Copyright on Software and Media

Unauthorized copies of books, music, films and other licensed or protected materials including copies without proper attribution; and unauthorized copies of licensed or protected software, video games, and other materials, including OEM or other products triggering unsolicited messages.

Counterfeits and unauthorized products

Replicas or imitations of designers or other goods; celebrity items that would normally require authentication; fake autographs; foreign exchange; seals; tickets; or other unauthorized goods.

Devices or tools to unlock security measures

Modems, chips or other devices to dismantle technical protection measures as well as digital devices, including to unlock iPhones.

Drugs

Controlled substances, narcotics, illegal drugs, and accessory drugs, including psychoactive and plant drugs such as hallucinogenic mushrooms as well as material promoting their use; or legal substances such as plants and herbs, in a way that suggests their ingestion, inhalation, extraction, or other use that may cause the same use as an illegal component, drug or substance or that produces unproven health benefits.

Gambling and Betting

Lottery tickets, bets, memberships / registrations in online betting sites, and related content. Promotion of physical casinos allowed.

Products for Sale in Pharmacy Offices

Pharmacy product deliveries may be limited or restricted in certain countries and / or cities where the Platform operates. It is not allowed to order / send medicines subject to medical prescription. OTC / over-the-counter medicines, complementary health products, as well as any other hygiene, nutrition or similar product, sold in pharmacy and for human use are subject to the mandate that the User confers on Zamer and whatever the pharmacist deems appropriate. .

Materials for hacking and cracking

Manuals, guides, information or equipment that violates the law by fraudulently damaging or facilitating access to software, servers, websites or other protected property.

Human parts

Organs or other parts of the body; body fluids; mother cells; embryos.

Stolen or illegal goods

Materials, products or information that promotes illegal goods or facilitates illegal acts; goods over which you do not have ownership or do not have the right to sell; goods produced in violation of the rights of third parties; goods in violation of restrictions on import, export or labeling; motor vehicles subject to transfer restrictions; You (Nozama User) are solely and completely responsible for verifying that all objects are authentic and legal.

Illegal telecommunications equipment

Devices that seek to obtain free satellite signals, illegal products to modify mobile phones and other equipment.

Offensive goods

Goods, literature, products, or other material that:

• Defames any person or group of people based on their race, ethnicity, national origin, religion, sex, or other factor.

• Defame any person or group of persons protected under applicable law in cases of defamation (such as the royal family in some jurisdictions).

• Exalting or inciting violent acts.

• Promote intolerance or hatred.

• Promote or support membership in terrorist groups or other organizations prohibited by law.

• Contravene public morality.

Offensive property related to a crime

Photos or objects from a crime scene, such as personal belongings, associated with criminals or criminal acts.

Precious materials

Bulk sales of rare, scarce, or valuable stones or materials.

Culturally protected artifacts

Material covered by the 1970 UNESCO Convention on Measures to be Taken to Prohibit and Prevent the Illicit Import, Export and Transfer of Property of Cultural Property or other property restricted by law to sale, export or transfer; Artifacts, cave formations (stalactites and stalagmites);

Pyrotechnic devices and dangerous substances that require special permission

Pyrotechnic articles and related goods in markets where their delivery is regulated as well as substances

14. Geolocation

Nozama may collect, use and share precise data on locations, including the geographical location in real time of the User’s computer or mobile device, provided that the User authorizes it. This location data may be collected and used by Nozama to show Users the location of the origin of an errand and / or the location of the destination origin. In this sense, Users expressly consent that their geolocation data be shared with other Users and Suppliers in order to successfully carry out the requested message at all times. Users may choose to deactivate Geolocation on their devices as detailed in the Privacy and Data Protection Policy.

It is the User’s responsibility to correctly enter the collection and delivery addresses. In this sense, Nozama is not responsible for errors or omissions in the consignment of the same by the User.

15. Obligations of the User

Users are fully responsible for the access and correct use of their profile and other content on the Platform, subject to current legislation, whether national or international, of the Country from which they use the Platform, as well as the principles of good faith, to morals, good manners and public order. And specifically, it acquires the commitment to diligently observe these General Conditions of Use.

Users are responsible for correctly entering individual, non-transferable and sufficiently complex usernames and passwords, as well as not using the same username and password as on other platforms, all in order to protect their account from fraudulent use by part of third parties outside the platform.

Users will refrain from using their profile and the rest of the contents of the Platform for illegal purposes or effects and that are harmful to the rights and interests of third parties, or that in any way may damage, disable, affect or deteriorate the Platform, its content and its services. Likewise, it is forbidden to prevent the normal use or enjoyment of the Platform by other Users.

Nozama may not be considered editorial responsible, and expressly declares that it does not identify itself with any of the opinions that the Users of the Platform may issue, for whose consequences the issuer of the same is entirely responsible.

Those who fail to comply with such obligations will be liable for any harm or damage they cause. Nozama will not be liable for any consequence, damage or harm that may arise from said access or illegal use by third parties.

In general, Users undertake, by way of example and not limitation, to:

Not to alter or modify, totally or partially, the Platform, bypassing, deactivating or manipulating any other functions or services thereof;
Not to infringe the rights of industrial and intellectual property or the regulatory norms of the protection of personal data;
Not to use the Platform to injure, defame, intimidate, violate one’s image or harass other Users; – Do not access the email accounts of other Users;
Not to introduce computer viruses, defective files, or any other computer program that may cause damage or alterations in the contents or systems of Nozama or third parties;
Do not send emails with a massive and / or repetitive nature to a plurality of people, or send email addresses of third parties without their consent;
Do not carry out advertising actions for goods or services without the prior consent of Nozama.

Any User may report another User when they consider that they are in breach of these General Conditions of Use, likewise all Users can inform Nozama of any abuse or violation of these conditions, through the Contact Form. Nozama will verify this report, as soon as possible, and will adopt the measures it deems appropriate, reserving the right to withdraw and / or suspend any User of the Platform for non-compliance with these General Conditions of Use. Likewise, Nozama reserves the right to right to withdraw and / or suspend any message with illegal or offensive content, without the need for prior notice or subsequent notification.

16. User cancellation

The User may unsubscribe from the Platform by communicating it by email through the Contact Form.

17. Liability of Nozama

The User is responsible for having the services and equipment necessary for Internet browsing and to access the Platform. In the event of any incident or difficulty in accessing the Platform, the User can inform Nozama through the contact channels made available to the User, which will proceed to analyze the incident and give the User instructions on how to resolve it within the term as short as possible.

Nozama does not control nor is it responsible for the content posted by Users through the Platform, and they are solely responsible for the legal adequacy of said content.

Nozama will not respond in the event of service interruptions, connection errors, unavailability or deficiencies in the Internet access service, nor for Internet network interruptions or for any other reason beyond its control.

Nozama is not responsible for security errors that may occur or for damages that may be caused to the User’s computer system (hardware and software), to the files or documents stored therein, as a consequence of:

The presence of a virus in the computer system or mobile terminal of the User that is used to connect to the services and contents of the Platform;
A malfunction of the browser;
The use of non-updated versions of it.

18. Liability for content

Nozama has no obligation to control and does not control the use that Users make of the Platform and, therefore, does not guarantee that Users use the Platform in accordance with the provisions of these General Conditions of Use, or that they make diligent use and / or prudent of it. Nozama has no obligation to verify and does not verify the identity of the Users, not the veracity, validity, completeness and / or authenticity of the data that they provide.

Nozama excludes any liability for damages of any kind that may be due to the illicit use of the Platform by Users or that may be due to the lack of veracity, validity, completeness and / or authenticity of the information that Users provide other Users about themselves and, in particular, although not exclusively, for damages of any kind that may be due to the impersonation of a third party made by a User in any kind of communication made to through the Platform. In particular, Nozama is not responsible for the use of the application as well as for the orders that a third party may make from the User’s account.

Notwithstanding the foregoing, Nozama reserves the right to limit, totally or partially, access to the Platform to certain Users, as well as to cancel, suspend, block or eliminate certain types of content, through the use of technological instruments suitable for effect, if it had effective knowledge that the activity or the information stored is illegal or that it damages the property or rights of a third party. In this sense, Nozama may establish the necessary filters in order to prevent illegal or harmful content from being spilled on the network through the service. The provision by Users of content through the Platform will entail the transfer in favor of Nozama of all exploitation rights derived from the content provided on the Platform.

19. "No guarantee" clause in errands or payments

Nozama makes no guarantees regarding the authenticity, accuracy, novelty, reliability, legality or non-violation of third party rights by Zamers. In this sense, the Users declare that they understand that Nozama is a technological platform, whose main activity is intermediation, that is, it puts Clients and Zamers in contact, so it does not assume any responsibility derived from the information provided by the Zamers or by the damages or losses that could eventually suffer due to a breach of these General Conditions of Use. Therefore, Nozama will never be responsible for the availability of the Zamers or for the adequate and satisfactory fulfillment of the messages by them.

Nozama does not make any confirmation, nor does it validate any Zamer or its identity or background. Notwithstanding the foregoing, Nozama may eventually carry out additional checks and implement procedures designed to help verify or verify the identities of the Zamers. In this sense, when a User reaches the status of Zamer, it simply indicates that said user has completed the corresponding registration process and has accepted these General Conditions of Use and any other particular conditions that may be applicable. It does not imply any certification or endorsement about its reliability, suitability and / or security by Nozama.

For this reason, Nozama recommends Clients to always use common sense and all their attention when delegating a message to a specific Zamer.

By being members of the Platform, Users accept that any legal liability that they intend to exercise as a result of actions or omissions of other Users of the Platform or third parties will be limited to said Users or third parties, and no liability action will be taken against Nozama.

20. Update and Modification of the Platform

Nozama reserves the right to modify, at any time and without prior notice, these General Conditions of Use, the Privacy Policy and the Cookies Policy. Users must read these General Conditions carefully when accessing the Platform. In any case, the acceptance of the General Conditions will be a prior and indispensable step to access the services and content available through the Nozama Platform.

Likewise, Nozama reserves the right to carry out, at any time and without the need for prior notice, updates, modifications or elimination of information contained in its Platform in the configuration and presentation of it and the access conditions, without assuming any responsibility for it. Nozama does not guarantee the non-existence of interruptions or errors in accessing the Platform or its content, nor that it is always updated, however, Nozama will carry it out, as long as there are no causes that make it impossible or difficult to execute, and as soon as it has news of the errors, disconnections or lack of updating in the contents, all those tasks aimed at correcting the errors, reestablishing communication and updating the contents.

21. Intellectual Property

Nozama is the owner or licensee of all the intellectual and industrial property rights included in the Platform as well as the contents accessible through it. The intellectual property rights of the Platform, as well as: texts, images, graphic design, navigation structure, information and content that are collected in it are owned by Nozama, who has the exclusive exercise of the rights to exploit them. in any form and, especially, the rights of reproduction, distribution, public communication and transformation, in accordance with Spanish legislation on intellectual and industrial property rights.

Even as described above, Nozama may not be the owner or licensee of content such as names or images, among others, of companies with which Nozama has no commercial relationship. In these cases, Nozama acquires the content from sources accessible to the public and in no case will Nozama be understood to be related to any right owned by Nozama.

The authorization to the User to access the Platform does not imply a waiver, transmission, license or total or partial assignment of intellectual or industrial property rights by Nozama. It is not allowed to delete, evade or manipulate in any way the contents of the Nozama Platform. Likewise, it is forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process or distribute in any way all or part of the content included in the Platform. of Nozama for public or commercial purposes, if you do not have the express written authorization of Nozama or, where appropriate, of the owner of the corresponding rights.

The User who proceeds to share any type of content through the Platform, ensures that he has the necessary rights to do so, and Nozama is exempt from any responsibility for the content and legality of the information offered. The provision of content by Users through the Platform will entail the transfer to Nozama, free of charge, and with the maximum extent permitted by current legislation, of the exploitation rights of intellectual or industrial property derived from such content.

22. Independence of the Clauses

If any of the clauses of these General Conditions were null and void or voidable, it will be considered not put. Said declaration of nullity will not invalidate the rest of the Contract, which will maintain its validity and effectiveness between the Parties.

23. Applicable Legislation

The relationship between Nozama and the User will be governed and interpreted in accordance with the General Conditions that in terms of interpretation, validity and execution will be governed by Spanish legislation; and any controversy will be submitted to the Courts of Barcelona, unless the User requests the courts of his residence address.

24. Extrajudicial conflict resolution

Conflicts or controversies that take place outside the European Union will be subject to resolution by the Spanish Court of Arbitration of the Chamber of Commerce.

Terms and Conditions "NozamaPrime"

These terms and conditions will apply to those users who request the subscription to NozamaPrime. These Terms and Conditions do not replace the “General Conditions of Use and Contract” of the application, in any case, they complement them, and may be modified and extended at any time by Nozama.

1. What is NozamaPrime?

NozamaPrime is a service offered by the Nozama Platform through which its users, in exchange for paying a fixed monthly fee, can enjoy the unlimited delivery service of the products they order from the distributors and all this at no additional cost to the aforementioned fixed monthly fee.

NozamaPrime allows you to order orders from all the categories of the Nozama App and / or Web, except for the categories “courier” and “whatever”, as long as the provisions described in these Terms and Conditions are met.

3. Subscription period

3.1. The subscription period to NozamaPrime will have a duration of one month from date to date (hereinafter “Subscription Period”) from the Activation Date, and will be renewed monthly unless the User cancels the subscription. Thus, if the Activation Date is October 10, the Subscription Period will be renewed on November 10.

3.2. By accepting these terms and conditions, the User is aware that the subscription to NozamaPrime will be AUTOMATICALLY RENEWED AND THE APPLICABLE SUBSCRIPTION RATE WILL BE AUTOMATICALLY CHARGED to the account designated by the user.

3.3. If the user wishes that the subscription is not automatically renewed and, therefore, unsubscribe from the NozamaPrime service, the user can exercise their right of withdrawal at any time in accordance with the provisions of the following clause and as long as notify Nozama two business days prior to the renewal date. Failure to comply with said notification, the user must pay the subscription fee for the following month.

4. Right of withdrawal

4.1. If, during the Subscription Period to the NozamaPrime service, the user wishes to exercise their right of withdrawal, they must access their account profile and select “unsubscribe”.

4.2. The deactivation of the account will occur when the Subscription Period ends, so that after completing the “unsubscribe” process, you will be able to continue using your NozamaPrime account until one month from date to date from the Activation or renewal Date. .

4.3. The user must exercise the right of withdrawal at least two (2) days before the subscription renewal date so that the fee is not charged.

4.4. Payments are non-refundable and no refunds or credits will be granted for membership periods partially used or for non-use for a month from date to date, nor are refunds or credits for partial monthly subscription periods provided.

4.5. If the user has unsubscribed from the service and would like to continue with it, they can re-register to renew their subscription to NozamaPrime in accordance with the provisions of these terms and conditions.

5. Service fees

5.1. The NozamaPrime rate will be the one indicated in the commercial offer or in the “My Account” section, unless the user has been granted a free NozamaPrime trial period according to section 10 “Free Trial Period” of this document.

5.2. NozamaPrime rates are offered with the indirect taxation that may correspond included.

5.3. The fee will be charged automatically and monthly on the Activation Date, in the account designated by the User on the Activation Date and from there, from date to date.

5.4. Users can make use of NozamaPrime even in those territories where payment of the product / order is made in cash, without this having any implication on the service.

5.5. Nozama reserves the right to modify the rates at any time, after notifying subscribers. Once the notification has occurred, Nozama will be able to charge the new rates.

6. Specific conditions of service

The following particular conditions will apply to the NozamaPrime service:

The NozamaPrime service will only be applicable to those, face-to-face purchases made through the delivery person / courier in premises with which Nozama has a commercial agreement whose amount exceeds 10.00 euros or its equivalent in the legal tender of the country where would have activated the service.
Activation of NozamaPrime will only be available in certain countries where Nozama operates.
The rate corresponding to the NozamaPrime subscription will only be applicable in the country from which the NozamaPrime subscription was activated. That is, if the subscription has been activated in Spain and the user is traveling in Italy, the rate corresponding to the subscription to NozamaPrime will only and exclusively be applicable in Spain and not in Italy.
It will only be offered to individuals, and only intended for patricular, non-commercial use,
In no case may the subscription be shared or transferred to people other than the owners thereof, the companies or the “B2B” service being expressly excluded from it.

7. General conditions of service

7.1. The monthly flat rate only applies to the amount related to collection and delivery, not to the amount of products that, where appropriate, the user may request.

7.2. Nozama may modify these terms and conditions of NozamaPrime unilaterally at any time, after notifying the members of the NozamaPrime service. The modifications will be applicable to individuals active on the Platform as well as, where appropriate, those who use it for the first time.

7.3. The subscription to NozamaPrime is for the exclusive and non-transferable use of the duly identified user and in no case may its use be transferred to third parties.

7.4. Nozama reserves the right to cancel the accounts of NozamaPrime subscribers, as well as to deactivate the service, after notifying the subscribing members of the same.

7.5. It is expressly stated that with the exception of the special terms and conditions set forth herein, they will always be applied additionally and in everything that was not modified by these terms, the general terms and conditions of the Nozama App / Web.

8. Fraud and account blocking

In the event that Nozama detects that an improper, inappropriate and / or fraudulent use of the NozamaPrime account is being made, it may automatically deactivate the subscription, as well as, where appropriate, additionally the account of the user at any time, reserving the right to initiate legal actions based on the severity of the circumstances analyzed. Likewise, Nozama reserves the right to cancel the service and subscriptions at its sole discretion and prior notice to Users.

9. Attention to the Consumer

For any incident related to the NozamaPrime service, Nozama will make the corresponding Contact Form available to all users.

10. Free trial period

10.1. Nozama, at its discretion, may offer the NozamaPrime service free of charge, for as long as it deems necessary.

10.2. In any case, at the end of the Free Trial Period, users will automatically be required to pay the fee, as well as the same terms and conditions as applicable as the rest of the NozamaPrime users.

10.3. If the subscription to NozamaPrime is canceled, either accidentally or for any other reason before the corresponding Free Trial Period expires, the free trial offer will be deemed to have been completed and a new trial period will not be available under any circumstances. gratuitous.

10.4. Nozama reserves the right to randomly choose those users who benefit from the Free Trial Period, as well as to invite, where appropriate, other promotions related to the service.

11. Applicable law

The relationship between Nozama and the NozamaPrime member will be governed and interpreted in accordance with these Terms and Conditions, which in terms of interpretation, validity and execution will be governed by Spanish legislation; and any controversy will be submitted to the Courts of Barcelona, unless the User requests the courts of his residence address.