Terms of Service
User Terms of Service
By using the Monterosso Service, you agree to be bound by these User Terms of Service (“Terms of Service”).
Please read the following Terms of Service carefully before using the Monterosso Service. If you do not agree with the Terms of Service, please do not use the Monterosso Service. These Terms of Service apply to any use of the Monterosso Service and to the Purchase Agreements made hereunder. A more detailed description of the Monterosso Service and information on system requirements is available at monterosso.lv.
“Partner” means a restaurant or other service partner who has signed a partner agreement with Monterosso and who offers its products and delivery services, if applicable, through the Monterosso Service.
“Purchase Agreement” means an agreement for the purchase of Partner’s products and possible delivery services made on an Order. With respect to Orders placed through the Monterosso at Work Feature, the Purchase Agreement forms a binding agreement between the Partner and the Customer Organization. With respect to Orders placed through any other payment method of the User, the Purchase Agreement forms a binding agreement between Partner and the User.
- SIA «BL RI» itāļu restorāns Vaļņu iela 9, Rīga, LV-1050 “
- Monterosso App” means a digital application called Monterosso provided by Monterosso.
“Monterosso Service” means both Monterosso Wine App and Monterosso website monterosso.lv and other additional locations as mentioned at monterosso.lv.
“User” or “you” means a natural person using the Monterosso Service.
- Identity of Monterosso
- SIA «BL RI» itāļu restorāns Vaļņu iela 9, Rīga, LV-1050 “
- Trade name: “Monterosso",
- Email address: firstname.lastname@example.org.
*Please note that while the Monterosso Service is legally provided to you by your local Monterosso entity in these countries, the payment service is arranged by SIA «BL RI» itāļu restorāns through a third party payment service provider. This also means that SIA «BL RI» itāļu restorāns is responsible for possible refunds, complaints and other claims related to your transactions in the Monterosso Service. You may thus contact SIA «BL RI» itāļu restorāns directly at the contact details provided above in case of any dispute or claim related to the Monterosso Service.
Information about the identity and products and services of the Partners will be provided through the Monterosso App and Monterosso website.
- Description of the Monterosso Service
3.1. Monterosso provides a platform on which the User can purchase food products and delivery services from the Partner of his/her choice. Monterosso also sells delivery services to Users located in Denmark, Estonia, Latvia, Lithuania, Hungary, Greece, Croatia, Israel, Azerbaijan, Kazakhstan, Slovakia and Cyprus and in relation to food products purchased from certain Partners.
3.2. After the Order has been placed by the User, the Order cannot be cancelled by the User. You cannot withdraw or cancel an Order for products or delivery services once you have placed it. Prior to placing an Order for a product or service you should carefully review your selection. For Users located in Azerbaijan: placing the Order also includes the User’s consent to launch the performance of the relevant agreement(s) stipulated herein.
3.3. For Users located in Israel:
“Purchase Agreement” means either one of the following binding agreements, as applicable (i) for the purchase of Partner’s products and possible delivery services made by an Order placed by a User, no matter any payment method of the User, or (ii) with respect to a Customer Organization, with respect to Orders placed through the Monterosso at Work Feature.
Monterosso is a marketplace that facilitates transactions and delivery services by providing a platform on which the User can purchase food products and/or other products and delivery services in relation to food products and/or other products of certain Partners. When you purchase food products and/or other products from a Partner, Monterosso facilitates the fulfillment of the purchase on the Monterosso Service.
Please note and take into consideration that any and all information displayed through the Monterosso Service is displayed AS – IS by Monterosso as received by it from the Partner and is under the complete and sole responsibility of the Partner. So, If you have allergies or any other dietary restrictions or if you have any question or concern with regard to any matter related to products sold and offered by the Partner, please contact the relevant Partner which will provide you with the specific information upon request.
When the User wishes to purchase through the use of the Monterosso Service and the Order is accepted by the Partner and Monterosso has provided the User with an order confirmation on behalf of the Partner, the User or the Customer Organization, as the case may be, shall be considered for all purposes to have entered into the Purchase Agreement. Monterosso will provide the User with a receipt that will include payment for the products ordered from the Partner and payment for the delivery services.
Monterosso shall only be responsible for the transfer of the fees made by the User to the respective Partner and shall not, under any circumstances, be liable or responsible towards the User for the proper execution of the Order by the Partner. Both the User and the Partner each acknowledge and confirm that the Partner is solely liable for any defects in the contents and preparation of the Order or other shortcomings in the performance of the Order.
- User Accounts
4.1. You have a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Monterosso Service in the form offered to you by us from time to time solely for the purposes set out herein. The license granted to the User for the iOS Monterosso App downloaded from Apple’s App Store is further limited to a license to use the Monterosso App on any Apple-branded products that the User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service and these Terms of Service.
4.2. In order to use the Monterosso Service, the User must create a user account by following the registration instructions in the Monterosso Service. The Monterosso Service credentials are personal (unless otherwise agreed between Monterosso and the Customer Organization). The User shall ensure that any user account credentials and equivalent information required to access the user account of the User or the Customer Organization are kept confidential and used in a secure manner not accessible by third parties. A User may have only one personal user account.
4.3. Where it is suspected that any unauthorized person has become aware of a User’s user account credentials or has access to the user account of the User, the User shall immediately inform Monterosso thereof. The User shall be responsible for any use of the Monterosso Service and any activity under the user account of the User.
4.4. In order to use the Monterosso Service, you must submit valid credit card or other payment method information to Monterosso. Monterosso does not store information of your payment instrument, as this is done by a third party payment service provider used by Monterosso. You agree to pay for all purchases arising from your use of the Monterosso Service except for purchases made through the Monterosso at Work Feature at the Customer Organization’s cost. You must keep the credit card and other payment information that you have submitted to your user account updated.
5.1. The User, or the Customer Organization in case of Monterosso at Work Account, will pay the purchase price set out in the Order by using the relevant payment functionality of the Monterosso Service. Monterosso collects all payments from the Users or the Customer Organizations on behalf of the Partner. If the Order is made by using the Monterosso at Work Feature, the User confirms the payment on behalf of the Customer Organization through the Monterosso at Work Feature. The User’s or Customer Organization’s payment obligation shall arise upon placing an Order through the Monterosso Service.
5.2. The User may fulfil this payment obligation only by using the relevant online payment method provided in the Monterosso Service. When the User, or the Customer Organization in case of Monterosso at Work Account, has paid the purchase price to Monterosso, the User or the Customer Organization has fulfilled its payment obligation towards the Partner.
5.3. In Finland, you can fulfil your payment obligation by using a lunch benefit as payment method, if the Monterosso Service is compatible with the lunch benefit provided by your employer. You are responsible for ensuring that the Order costs of food products and delivery services paid with the lunch benefit does not exceed the limit of the lunch benefit’s daily value, which currently is 10,70 €. The amount exceeding this value can be paid with another acceptable payment method in the Monterosso Service. You are obligated to comply with the tax administration’s guidelines regarding use of the lunch benefit. Please note for example that the lunch benefit is personal and does not cover purchase of gift cards, utility products, groceries, convenience food or processed food. You are therefore not entitled to buy such products with the lunch benefit through the Monterosso Service.
5.4. The payment will be automatically charged from the User’s credit card, lunch benefit or charged through the Customer Organization’s Monterosso at Work Feature, upon delivery of the Order. Monterosso is entitled to make an authorisation hold on behalf of the Partner on the User’s credit card, lunch benefit or Customer Organization’s Monterosso at Work Feature once the Order has been placed through the Monterosso Service. Monterosso uses a third party payment service provider for processing of payments. In Serbia all payments are processed locally within Serbia by a third party payment service provider.
5.5. Cash is an additional payment method available in Croatia and Georgia. Refunds in cash orders will be made in Monterosso credits or via another appropriate method. If a user who has made a cash order is not in the agreed place of delivery at the agreed time or 5 minutes thereafter, Monterosso's customer support will contact the user and agree on an appropriate arrangement for the payment. If the customer support cannot reach the user within 24 hours of the no-show, Monterosso will take appropriate measures which may include disabling the cash option from the user or even disabling the user's account at Monterosso for further orders.
5.6. In Israel payments are processed either locally within Israel or arranged by SIA «BL RI» itāļu restorāns through third party payment service providers. In case payments are arranged by SIA «BL RI» itāļu restorāns through third party payment service providers, SIA «BL RI» itāļu restorāns is responsible for possible refunds, complaints and other claims related to your transactions in the Monterosso Service.
- Delivery of an Order
7.1. If the User orders the delivery of the Order through the Monterosso Service, the Order will be delivered to the location confirmed by the User in the Monterosso Service. The User also has to provide a street address for the confirmed location in the Monterosso Service. Delivery services are provided by the Partner to the User or Customer Organization. For Users located in Denmark, Estonia, Latvia, Hungary, Lithuania, Greece, Croatia, Israel, Azerbaijan, Kazakhstan, Slovakia and Cyprus and in relation to food products purchased from certain Partners: Monterosso provides the delivery services to the User or Customer Organization.
7.2. The User must be available to receive calls at the phone number the User has submitted to the Monterosso Service. If the phone number provided by the User cannot be reached, the delivery may be cancelled by Monterosso or the Partner and the User or Customer Organization may be charged for the full price of the Order (not applicable to Users located in Slovenia).
7.3. The User may place an order to be delivered as soon as possible (standard delivery method) or by pre-ordering a certain delivery time.
7.4. Standard delivery option: The User must be present at the confirmed location set out in the Order between the time of making the Order until the products set out in the Order have been received. If the User is not available at the location he/she has confirmed within five minutes of the arrival of the delivery of the ordered products and the User does not respond after two contact attempts by the courier making the delivery, the delivery may be cancelled by Monterosso or the Partner and the User or Customer Organization may be charged for the full price of the Order.
7.5. “Pre-order” delivery option: the User must be present at the confirmed location between ten minutes prior to the pre-ordered delivery time until the moment of delivery in order to receive the Order.
- Picking up and collecting an Order at the Partner’s point of sale
8.1. If the User has not ordered delivery of the Partner’s products set out in the Order, but the collection at the Partner’s point of sale, the products can be collected at the point of sale of the Partner the User has chosen in connection with the Order. The User will receive a separate electronic confirmation when the products are ready for collection. The Partner or Monterosso may set conditions for the identification of the User when picking up the products set out in the Order.
8.2. The Partner shall retain the ordered products for 60 minutes after the Partner has notified the User that the Order is ready for collection. However, this obligation is limited to the opening hours of the particular Partner’s point of sale and the Order has to be collected before the closing time of said point of sale of the Partner.
- Eat-in Order
9.1. If the User has selected the option to consume the products set out in the Order at the point of sale of the Partner, the User will receive a separate electronic confirmation about the expected time the products will be ready to be consumed at the Partner’s point of sale.
- Time estimates
10.1. Any delivery time or pick-up time or other time estimate communicated to the User by the Partner or Monterosso in the Monterosso Service are only estimated times. There is no guarantee that the Order will be delivered or available for pick-up or consumption at the estimated time. Delivery times of the products may also be affected by factors such as traffic jams, rush hours and weather conditions.
- Intellectual Property Rights
11.1. All Intellectual Property Rights in or related to the Monterosso Service and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Monterosso and/or its subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.
11.2. These Terms of Service do not grant the User any Intellectual Property Rights in the Monterosso Service and all rights not expressly granted hereunder are reserved by Monterosso and its subcontractors/licensors.
11.3. Apple shall not be responsible for any investigation, defense, settlement or discharge of any claim that the iOS Monterosso App or your use of it infringes any third party intellectual property right.
- Additional Provisions for use of the Monterosso Service
12.1. The Monterosso Service is only available to persons of the age of 18 years or older.
12.2. The User shall observe all applicable rules and regulations when using the Monterosso Service, including the purchase of alcohol and tobacco. To the extent delivery of alcohol is available in the country where the User is located, the User may be refused delivery of alcoholic beverages in case he/she is unable to provide a valid photo ID to Monterosso’s courier partner delivering the Order proving that the User is at least 18 years of age. The User may be refused delivery of alcoholic beverages also in other cases stipulated by laws in the country where the User is located (e.g. if the User is showing signs of intoxication).
12.3. Monterosso is constantly developing the Monterosso Service and Monterosso may change or remove different parts of the Monterosso Service, including features, the products and Partners available in the Monterosso Service in part or in whole.
12.4. By using the Monterosso Service, the User may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Monterosso generally does not review content provided by the Partners. Monterosso is not responsible for third parties' (including the Partners') content or information or for any damages arising as a result of the use of or reliance on it.
12.5. You or the Customer Organization shall be responsible for obtaining and maintaining any devices or equipment (such as telephones) and connections needed for access to and use of the Monterosso Service and all charges related thereto.
12.6. The User will not: (i) use or attempt to use another person’s personal Monterosso account and/or access another person’s personal payment data through the Monterosso Service or use another person’s personal payment cards when using the Monterosso Service, without consent of that other person; (ii) copy, modify or create derivative works of the Monterosso Service or any related technology; (iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Monterosso Service or any related technology, or any part thereof; (iv) remove any copyright, trademark or other proprietary rights notices contained in or on the Monterosso Service; (v) remove, cover or obscure any advertisement included on the Monterosso Service; (vi) collect, use, copy, or transfer any information obtained from the Monterosso Service without the consent of Monterosso; (vii) use bots or other automated methods to use the Monterosso Service; (viii) create a Monterosso account using a fake identity or an identity of another person; or (ix) access the Monterosso Service except through the interfaces expressly provided by Monterosso, such as the Monterosso App and Monterosso Website.
12.7. Monterosso is entitled to remove a User from the Monterosso Service with immediate effect and/or refuse or cancel any Orders from a User if: (i) the User abuses the Monterosso Service or causes any harm or detriment to the use of the Monterosso Service or the Partners or Monterosso or Monterosso’s employees, (ii) Monterosso has reasonable belief of fraudulent acts by the User when using the Monterosso Service, (iii) the User places a false Order (for example by not paying or by not being present on the delivery or collection location in order to receive the Order) or otherwise fails to comply with his obligations arising from these Terms of Service; (iv) there is reasonable doubt about the correctness or authenticity of the Order. If Monterosso cancels an Order that has already been paid for, Monterosso shall transfer that amount into the same user account or Monterosso at Work Account as the one from which the payment was made by the User.
12.8. The controller of the personal data collected about Users is SIA «BL RI» itāļu restorāns, unless otherwise indicated. SIA «BL RI» itāļu restorāns shall process any personal data collected from the User in accordance with Monterosso Privacy Statement.
12.9. The User must comply with applicable third party terms of agreement when using the Monterosso App or the Monterosso Service.
12.10. The User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
- Term and termination
13.1. These Terms of Service are in force as a binding agreement between Monterosso and the User until further notice as long as the User is using the Monterosso Service.
13.2. The User can discontinue the use of the Monterosso Service at any time. Monterosso can discontinue providing the Monterosso Service permanently or temporarily at any time.
14.1. Please note that the Monterosso Service may at any time be interrupted or permanently discontinued. The Monterosso Service may also be temporarily suspended. Do not use the Monterosso Service for backing up any data. While we do our best in providing you our platform and services (including new and/or temporary services such as no-contact deliveries, deliveries with novel technology or deliveries of new product categories) error-free, Monterosso does not promise or guarantee you anything regarding the reliability, functionality, timeliness, quality or suitability of the Monterosso Service, its features or any service offered by Monterosso. Monterosso does not promise or guarantee anything that is not expressly mentioned in these terms.
14.2. The Partner is committed to prepare the Order in accordance with the features ordered by the User and within the time shown on the Monterosso Service. If there are any defects in the (delivery of the) Order, the User may contact either the customer service of Monterosso, acting on behalf of Partner, through the in-app customer support chat or at email@example.com or the Partner directly.
14.3. The Partner is solely liable for any defects in the contents and preparation of the Order or other shortcomings in the performance of the Purchase Agreement.
14.4. When the User is located in Israel and uses Cibus as the payment method, any potential refunds will be only in Monterosso credits and not as Cibus allowance.
14.5. The User who has discovered shortcomings in the performance of the Purchase Agreement must submit any complaints to Monterosso or the Partner without delay, with clear descriptions of said shortcomings.
14.6. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Monterosso App. To the extent that any maintenance or support is required by applicable law, we, not Apple, shall be obligated to furnish any such maintenance or support. To the extent any warranty exists under law that cannot be disclaimed, we, not Apple, shall be solely responsible for such warranty. We, not Apple, are responsible for addressing any claims of the User or any third party relating to the iOS Monterosso App or the User’s possession and/or use of the iOS Monterosso App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Monterosso App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the iOS Monterosso App’s use of the HealthKit and HomeKit frameworks.
- Applicable Law and Dispute Resolution
15.1. These Terms of Service shall be governed by and construed in accordance with the laws of Finland, unless the User is located in the Czech Republic, Greece, Israel, Poland, Serbia, Azerbaijan, Kazakhstan, Slovakia or Malta, in which case these Terms of Service shall be governed by and construed in accordance with the laws of the country where the User is located.
15.2. If you are a consumer, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile.
15.3. Disputes arising from these Terms of Service shall be resolved by the district court of Helsinki, unless the User is located in the Czech Republic, Greece, Israel, Poland, Serbia, Azerbaijan, Kazakhstan, Slovakia or Malta, in which case said disputes shall be resolved by the competent courts of the country where the User is located. A consumer may, however, always institute proceedings in the competent court of its domicile. If you are a User domiciled in the EU, you and Monterosso may also use the ODR platform managed by the European Commission to settle disputes. This platform can be found on ec.europa.eu/odr. You may also refer a dispute to the consumer disputes board or other corresponding out-of-court institution in your domicile (such as the Finnish Consumer Disputes Board, kkv.fi/kuluttajaneuvonta, in Finland, the Czech Trade Inspection Authority, coi.cz, in the Czech Republic or the Polish Permanent Amicable Consumer Court at the competent Provincial Inspectorate of Trade Inspection, uokik.gov.pl, in Poland).
16.1. These User Terms of Service are subject to amendments.
16.2. Monterosso shall publish the amended User Terms of Service at the Monterosso Website and shall inform the User that the Monterosso Terms of Service have been amended on the Monterosso Service or by email to the email address submitted to the Monterosso Service by the User. If the User does not agree to any amended Monterosso Terms of Service, he/she shall discontinue the use of the Monterosso Service.
17.1. Monterosso shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to Monterosso Service without the User’s prior consent.
17.2. The User shall not be entitled to assign any of its rights or obligations hereunder in whole or part.