Artenon Ltd. – Safe Payment Terms
- Credit Card Theft or Appropriation
Artenon does not store users’ payment data, which shall be processed and stored by the payment service provider as described in these Safe Payment Terms.
Since Artenon cannot guarantee the identity of registered users, users are under an obligation to inform Artenon if they have evidence that the credit card associated with their Artenon profile has been stolen and/or is being fraudulently used by a third party. Therefore, since Artenon and its payment platform are proactive in the protection of users through the use of appropriate security measures, if a user fails to inform Artenon of the missing card, Artenon will not be liable for any fraudulent use thereof that may be made by third parties on the user’s account. Artenon suggests that users report any theft, robbery or suspected misuse of their credit card to the police.
If necessary, Artenon undertakes to assist users and cooperate with the competent authorities as may be necessary to provide reliable evidence of the wrongly applied charge. In the event of fraud, Artenon reserves the right to take any appropriate action if it has been detrimentally affected by the misuse of the Artenon site.
- Prices of the Services and Billing
Users can register for the Artenon platform, and use it, free of charge, although this is subject to review by Artenon at any time.
The user only has to pay for each service requested through the platform for his/her use thereof to order products, and to communicate through the platform, as well as for the courier or errand services provided by third parties.
In the event of rain or bad weather conditions, the user will have to pay an additional fee for the courier or errand service provided by third parties in such weather conditions.
In addition, for services that include the purchase of a product, the user must pay the price of such product. By registering through the platform and providing the required bank details, users expressly authorise Artenon to issue receipts for payment of the services requested, including the price and delivery of the products ordered.
The total price of each service may be composed of a variable percentage based on the number of kilometres travelled and the time taken by the Mandatary, as well as, where applicable in cases in which a User requests the physical purchase of a product or service, the price established by each merchant. Artenon reserves the right to change the price based on the distance travelled and/or the time slot in which the service is performed. In accordance with these terms, the user will be entitled to know the approximate fee for the service before contracting it and paying for it, unless the user has not specified the address for collection. The fee for the delivery service may vary in cases of force majeure beyond Artenon’s control that entail an increase in such fee.
The fee may include tips for the mandatary and/or the local store, whose amount shall be solely and entirely at the user’s discretion.
Artenon reserves the right to change the prices on the platform at any time. Such changes shall take effect immediately after publication. The user expressly authorises Artenon to send him/her by electronic means, to the e-mail address provided by the user during the registration process, receipts for the services contracted and/or the bills generated. If an invoice is required, the user must enter the relevant tax data on the platform before placing the order.
If a service is cancelled by the user once the preparation of the order by the local merchant has been confirmed and the user has been informed, Artenon will be entitled to charge the user the fee applicable in each case. Similarly, if the user has asked the mandatary to purchase a product on his/her behalf and the user cancels the order after the purchase has been made, the latter shall bear the cost of the delivery services provided by the mandatary as well as the full price of the product. All this without prejudice to the user’s ability to request a new service in order to return the products purchased or to have them delivered at a different address. In the case of non-perishable products, the user may exercise his/her right of withdrawal vis-à-vis the merchant that sold him/her the products. If the User wishes to exercise this right through Artenon, he/she must request the service again.
- Payment Platforms
Payment for products and/or services offered on the platform, sold in person at restaurants and/or stores and delivered to users in a deferred manner is temporarily made to Artenon, who then sends it to the restaurants and/or stores with which it has a commercial agreement in place. The associated restaurants and/or establishments authorise Artenon to accept payment on their behalf. Payment of the price of any product (such as food, drink, a gift, etc.) properly made to Artenon will therefore discharge the user’s obligation to pay the said price to the associated restaurants and/or establishments.
Similarly, the user’s payment releases him/her from any obligation vis-à-vis the mandatary, as full payment from the user discharges any obligation that the user may have vis-à-vis restaurants and/or stores and/or mandataries.
Payment by users for products and/or services is received at Artenon’s accounts through an Electronic Money Institution. Electronic Money Institutions are authorised to provide, directly or indirectly, regulated payment services in all the territories in which Artenon operates and are in compliance with the current legislation applicable to payment services for platforms such as Artenon *.
*If such institutions are not authorised, Artenon will accept no liability for such lack of authorisation or licence, and sole and exclusive liability shall lie with the Electronic Money Institutions.
Using the payment provider contracted by it for this purpose and for the sole purpose of verifying the means of payment provided, Artenon reserves the right, as a fraud prevention measure, to request a payment pre-authorisation for the products ordered through the platform. Such pre-authorisation shall in no event involve payment of the full amount of the order, as this will be done solely and exclusively after the products have been made available to the user, or for the reasons set forth in these terms and conditions.
In order to provide users with greater support, Artenon shall be their first point of contact and shall accept liability for payments made on the platform. Such liability includes refunds, returns, cancellations and early-stage dispute resolution, and it is without prejudice to any actions that may be taken by Artenon vis-à-vis local merchants as the sole physical sellers of the products ordered by users.
In accordance with the foregoing, in the event of a dispute, Artenon shall provide the first line of support and shall reimburse the user if this is deemed appropriate.
If a user has any issues with the progress of his/her order, he/she may contact Artenon’s user assistance service through the methods made available to users on the platform.
- Price and Payment Method
The price of the product and/or service shall be as stated by the establishment on the platform. However, the user knows that the price of some of the products may vary in real time due to stock availability at the establishments appearing on the platform, and that the User will in any event always be told the final cost before payment.
From the moment when the mandatary is 1000 metres away from the order collection point and until its delivery, the user may contact the mandatary who will be acting on the user’s behalf in the purchase of products and services. Any change or variation shall therefore be reported by the mandatary for the user’s approval before carrying out the mandate. If the user wishes to make any comments regarding the order, he/she will always be able to directly contact the mandatary who is carrying out the mandate.
Similarly, at the payment gateway stage, the user will be informed of the final price and approximate time of delivery in accordance with the terms of Artenon’s courier service set forth above.
The User may pay for the products and/or services only by credit card. Users paying by credit card will incur no additional charges for this payment method.
When making the order, the user will be informed of the various payment options available in the territory from which the service is being requested. In order to pay with a credit card, the user must provide the card details through the platform as a payment method associated with his/her account. Artenon does not store card numbers on its servers and can only view the last four digits of the card. The full information shall be stored on the servers of the payment service provider that makes the payments on Artenon’s behalf.
If payment for the service can for any reason not be taken from the user, the user’s account shall be blocked until the situation has been rectified and the debt has been settled.
- No Warranty in Assignments or Payments
Artenon gives no warranties regarding the authenticity, accuracy, novelty, reliability, lawfulness or non-infringement of third-party rights by mandataries. In this regard, users state that they understand that Artenon is a technology platform whose main activity is intermediation; in other words, it puts users and mandataries in contact with each other; and that it therefore accepts no liability arising from the information provided by mandataries or for any loss or damage that may potentially be suffered by them. When an order is placed on the platform and accepted by the mandatary, a direct relationship is established between the user and the mandatary. Artenon is not a party to this relationship and merely provides the platform to enable the parties to communicate and place as many orders as may be necessary. Artenon will therefore never be liable for the availability of mandataries or for their adequate and satisfactory performance of assignments.
Artenon makes no assertions or confirmation regarding any mandataries or their identity or background information. Notwithstanding the foregoing, Artenon may potentially carry out additional checks and put into motion procedures designed to help check or verify the identity of Mandataries. In this regard, when a user achieves mandatary status, this simply indicates that the said user has completed the relevant registration process and has accepted specific terms that may apply to him/her. Such status implies neither certification nor endorsement by Artenon as to such User’s reliability, suitability and/or safety.
Artenon therefore recommends that users always use common sense and remain alert when delegating an assignment to a particular mandatary.
By becoming members of the platform, users accept that any claims they wish to bring for legal liability arising from actions or omissions of other users of the platform or third parties shall be restricted to such users or third parties, and that no actions for liability may be taken against Artenon.