These general conditions of use and legal information (hereinafter, the General Conditions) govern the use of and access to the website at https://ziticity.com and the corresponding mobile application, both of which are the property of UAB „Miesto Logistika“ (hereinafter, ZITICITY) which are made available to website and application users (hereinafter, the User or Users), with the aforesaid website and app hereinafter jointly referred to as the Platform.
UAB „Miesto Logistika“ registration details
- Incorporation date: 2017-08-14
- Registration ID: 304606991
- Registered office: S. Stanevičiaus g. 96A-46, LT-07103, Vilnius, Lithuania
- Email: email@example.com
ZITICITY has a marketplace integrated into its Platform in which commercial establishments, with which ZITICITY might have an agreement to offer a series of products and services. The client can acquire products and services directly from these establishments, with ZITICITY acting as an intermediary. It, therefore, cannot and does not assume any liability for the quality of the products or the correct provision of services offered directly by the stores in question.
ZITICITY is an “on demand” express shopping Platform. It seeks to put people who need help with their shopping from associate establishments (hereinafter, Customers) in contact with people who are prepared to deliver a small order (hereinafter, Zitters).
Zitters are a network of messengers/deliverers who are independent professional subcontracted by ZITICITY, who provide delivery services within a certain time by connecting to the ZITICITY Platform.
Throughout these General Conditions of Use, we shall refer to both Customers and Zitters as Users.
Access to the Platform implies knowledge and acceptance of the following General Conditions.
3. Customers Access and Registration
In order to be a Platform customer, the following requirements must be met:
- Be 18 years of age or older.
- Correctly fill in all obligatory fields on the registration form asking for personal information such as username, email address, telephone number and credit card number etc.
- Agree with these conditions of use.
- Accept the privacy and data protection policy.
- Accept the cookies policy.
The User guarantees that all information regarding his/her identity and legitimacy provided to ZITICITY on its registration forms and Platform is true, accurate and complete. The User also agrees to keep all such information up-to-date.
Should the User give any false, inaccurate or incomplete information, or if ZITICITY deems that there are sufficient grounds to doubt its veracity, accuracy or completeness, ZITICITY may deny present or future access and use of the Platform or any of its content and/or services.
On registering on the User's Platform, the User shall select a username and password. Both the username and the password are strictly confidential, personal and non-transferable.
The User agrees to not divulge information relating to their account or make it accessible to third parties. The User shall be the only liable person in the event that said data is passed on to third parties, including any declarations made on the Platform, or any other action undertaken through use of the username and/or password.
ZITICITY cannot guarantee the identity of registered Users, and cannot, therefore, be held liable for any non-registered third-party use of a User's identity. Users are obliged to immediately notify ZITICTY of the loss, removal and/or disclosure of their username of a password by email to .
To complete registration on the Platform, the User should provide personal information including username, email address, telephone number, credit card information etc. Once registration has been duly completed, Users may access their profile, completing and/or editing it as they deem appropriate.
4. Operation of the purchase and courier services
When a registered Customer User requires help with a purchase, they should access the website (https://ziticity.com) or the app and request the service. The basic purchase service consists of picking up a product and then delivering it to the address provided by the Customer, on the condition that this falls within ZITICITY's area of operation.
The Customer shall provide all the information requested, in as much detail as possible, regarding the product or service in question. They should also add all such comments as they deem to be of use in the “Comment” section. The User may also provide Zitter with a photograph in order to identify the order.
In case the platform doesn’t show the price of the product, the Customer may set an approximate price for the requested product. In this case, the aforesaid service or product may be contracted by Zitter pursuant to the Customer's estimate and never for a sum exceeding this estimate by over 30%. Should the price be higher, the Zitter shall contact the Customer to notify them of this situation.
If the product and/or service is unavailable, the Zitter should call the Customer to explain to them their options. If the Customer does not accept any of the options presented by the Zitter and is consequently not interested in the alternatives available to them, they shall be bound by the terms of the Cancellation Policy set forth in the present General Conditions of Use (in section eight). If the Customer does not answer, the Zitter should wait 10 minutes before leaving.
Once the purchase has concluded, the Zitter shall then deliver the product and/or service to the Customer. If the purchase involves the delivery of a product, the Zitter shall deliver it to the Customer at the exact place and time indicated by the latter party.
In cases where the Customer cannot be found at the agreed location for the aforesaid delivery, the Zitter shall retain the product during 24 hours or 10 minutes in the case of perishable goods. The Customer shall assume 100% of the cost of the basic purchase service as well as the price of a product if this has been acquired or contracted through Zitter, and shall have to pay for another service in order to receive to undelivered goods. Under no circumstances shall Zitter be liable for the deterioration or expiration of the purchased product in question.
5. Return of products and dispute resolution
ZITICITY neprisiima jokios atsakomybės už parduodamų prekių kokybę ar atitinkamų paslaugų, kurias tiesiogiai siūlo atitinkamos parduotuvės, suteikimą. Visos pretenzijos dėl ZITICITY prekių kokybės turi būti teikiamos komercinei įmonei, iš kurios buvo atliktas pirkimas, išskyrus atvejus, kai:
- užsakytos prekės yra apgadintos dėl ZITICITY kaltės;
- užsakytų prekių trūksta dėl ZITICITY kaltės;
- užsakymas įvykdytas neteisingai dėl ZITICITY kaltės.
In cases when ordered items are damaged, missing or incorrect, ZITICITY will offer full refund for effected items and any fees that were associated with them. To request a refund, Customer should contact ZITICITY via firstname.lastname@example.org with a short description of the issue. Refund requests must be made within forty-eight (48) hours after the completion of delivery for which the refund request was made.
Additionally, the non-perishable products acquired through ZITICITY, are subject to the Customer’s right of withdrawal within a maximum of 14 calendar days from the date of reception of the product. In order to exercise this right, the Customer should directly contact commercial establishment from which the purchase had been made with the till receipt from the store that the Zitter gave the customer on delivery of the order.
The cost of returning the goods when exercising one’s right of withdrawal shall be borne by the Customer.
In the event of dispute between the Customer and commercial establishment, the Customer should notify ZITICITY via email@example.com. ZITICITY will mediate in the process until the satisfactory resolution for the Customer is met.
6. Service fees and invoicing
Registration on the Platform is completely free. The Customer only pays for each service requested via the Platform. By registering on the Platform and providing the required bank information, the User expressly authorizes ZITICITY to bill them for the corresponding payment for the services they have requested.
The price of each service can be made up of a price that will be fixed by each store through which ZITICITY has a commercial agreement up to the extent that the User buys a product or service, and a variable percentage depending on the kilometers covered by the Zitter. ZITICITY reserves the right to modify its prices depending on the time of day and/or the distance at which the service is made. Pursuant to these conditions, the Customer shall have the right to know the fee payable for their service prior to agreeing thereto and formalizing the payment, except in cases where the User does not specify the pickup point.
ZITICITY reserves the right to modify its prices at any moment. The changes carried out will have an immediate effect after being published. The User expressly authorizes ZITICITY to email all invoices resulting from the contracted services to the address that they have provided.
7. Price and validity of the offer
All prices indicated on the Platform include Value Added Tax (VAT) and other taxes that may be applicable and, in all circumstances, are expressed in euros (€).
The prices applicable for each service shall be published on the Platform and automatically applied in the process of contracting the final phase thereof. The User shall recognize that under all circumstances, the economic value of certain products may vary in real time. The User shall always be notified to this effect. If an invoice is required, the user should add all relevant tax details into the platform before finishing the order.
For any information regarding the order, the User may contact the customer service at , indicating the order number assigned by the ZITICITY Platform in the subject field.
8. The right of withdrawal and cancellation of orders
The User may cancel without any cost an order as long as none of the Zitters has accepted the order.
Pursuant to the nature of the service offered by ZITICITY, the User is aware that once a Zitter accepts voluntarily an order, the provision of the service is deemed to have commenced and therefore the User shall have no right to withdraw their request for said service without any cost.
Therefore, if the User cancels an order that has been assigned to a Zitter, the Platform will generate the cost equivalent to 100% of a basic service to cover the cancellation by the User. If the Zitter has also purchased a product or contracted a service after the User has canceled an order, the Zitter shall attempt to recover the sum paid for the product or service. If this is not possible, the User shall be liable for the payment of this sum, regardless of whether or not the Zitter has delivered this product or service.
9. Special purchase service conditions applicable to the ZITICITY marketplace
Through the Platform, the Customer may acquire a series of products and/or services offered by the stores through which ZITICITY has a commercial agreement (hereinafter, the Store or Stores). The Customer may select a series of options from a drop-down menu determined by the Stores in which the characteristics and the price are indicated, as well as, on occasions, a photograph of the product or service in question.
Through the free space text, the User manifests his/her willingness to buy certain products, making the Zitter become a simple representative acting on behalf of the User. As a consequence of the above-mentioned, the User would be the only one responsible, and who, in such case, would assume any incidence released from the nature of the products requested ( i.e. civil responsibility, sanction, penalties…).
Once the Customer has selected one of the options, they may complete the order using the free text field to add more detailed information or instructions for the Zitter carrying out each order.
The Customer is aware of and accepts that the descriptions and, if applicable, the photographs of the products and/or services offered on the Platform shall be made based on the information and documentation provided by the Stores. ZITICITY can, therefore, offer no guarantees against possible inaccuracies in these descriptions and/or photographs.
The customer also accepts that all ZITICITY marketplace products are subject to their availability and therefore assume the possibility that, during the realization of the order, the product and/or service may not be available at the store. Furthermore, the price of the product may vary slightly due to changes at the point of sale. ZITICITY reserves the right to proceed with the purchase where there are price variations of up to 30%. If 30% is exceeded, Zitter shall contact the Customer in order to inform them of the situation.
Once Zitter has acquired the product and/or service from the Store, the receipt for said product and/or service shall be delivered to the Customer. If the order involves the delivery of a product, the Zitter shall deliver it to the Customer at the exact place and time indicated by the latter party. If the Customer cannot be found at the agreed location for the aforesaid delivery, the Zitter shall retain the product for 24 hours or 10 minutes in the case of perishable goods. The Zitter shall not be liable for the deterioration or expiration of the purchased product in question.
ZITICITY reserves the right to withdraw any product from their marketplace as well as modify the content of their list at any moment, without any liability attributable thereto.
9.1 Same day deliveries
ZITICITY shall provide the Customer with a delivery service for the products acquired in the marketplace in some cities. The order can be made if the following conditions are met at the moment of payment of the order:
- The service is available for the time of day chosen.
- The goods to be delivered can be found in one of the cities in which ZITICITY operates.
- The delivery location should be in the same city as the ordered product.
- The size of the order may not exceed 25kg.
9.2 Pricing and method of payment
The price of the product and/or service shall be that offered by the Store on the Platform. However, the Customer assumes that in all circumstances, the price of certain products may vary in real time. The Customer shall always be notified of the final cost prior to payment.
Similarly, during the payment gateway, the Customer shall be informed of the final price and the approximate delivery time, in accordance with the ZITICITY service conditions set out above.
The customer shall make payment using the credit card that ZITICITY has on record as the method of payment associated with their account. The credit card payment does not represent an extra cost for the Customer.
10. Purchase of alcoholic drinks
Users purchasing alcoholic drinks through this platform must be 20 years of age or over. On placing an order that includes alcoholic drinks, the User shall confirm that they are at least 20 years of age. ZITICITY reserves the right to refuse to deliver alcohol to any person who cannot prove that they are at least 20 years of age.
ZITICITY policy on restricted materials
The following is a non-exhaustive list of restricted materials and materials subject to limitations:
|Alcohol and tobacco||Deliveries of alcohol and tobacco may be restricted or subject to limitations in some marketplaces.|
|Animals and controlled species||Animal parts and fluids, prohibited seeds, poisonous or nuisance plants, other controlled plants, and organisms threatened with extinction or whose trade is similarly controlled by law, including derivatives thereof.|
|Child pornography||Pornographic material involving minors or which may be perceived as erotic pedophilia.|
|Copyrighted software and media||Unauthorised copies of books, music, films and other protected or licensed materials, including copies lacking appropriate attribution. Unauthorised copies of software, video games and other protected or licensed materials, including OEM and other products which activate unwanted messages.|
|Counterfeit and unauthorized products||Replicas and imitations of designer products and other goods, celebrity objects which normally require authentication, fake autographs, forged currency, stamps and tickets and other such unauthorized goods.|
|Devices used to bypass security measures.||Modems, chips and other devices used to disable protective measures such as those found in digital devices, including those used to unlock iPhones.|
|Drugs||Controlled substances, narcotics, illegal drugs and drug accessories, including psychoactive substances and plant drugs such as hallucinogenic mushrooms as well as any material promoting their use. Legal substances, such as plants and herbs, in any form that suggest their ingestion, inhalation, extraction or any other use that may result in the same use as an illegal drug, substance or component, or which may have unproven health benefits.|
|Gambling||Lottery tickets, bets, membership applications for online betting sites and all related content. The promotion of physical casinos is allowed.|
|Hacking and cracking material||Manuals, guides, information, and equipment that is in breach of the law and which facilitate fraudulent access to software, servers, websites and other protected property.|
|Human body parts||Organs or other body parts, bodily fluids, stem cells, embryos.|
|Stolen or illegal goods||Materials, products or information that advertises illegal goods or facilitates illegal acts. Goods which the seller does own or for which they do not have the right of sale. Goods produced in infringement of the rights of third parties. Goods which violate import, export or labeling restrictions. Motor vehicles subject to transfer restrictions: You (ZITICITY user) are the sole person responsible for fully verifying that these objects are authentic and legal.|
|Illegal telecommunications equipment||Devices which seek to obtain a free satellite signal, illegal products used to modify mobile telephones and other equipment.|
|Offensive goods||Literature and other material and products which:
|Offensive goods, crime||Photos or objects from crime scenes, such as personal belongings, or objects associated with criminals or criminal acts.|
|Precious materials||The sale of loose precious stones or other valuable rare materials.|
|Culturally protected items and artefacts||Material covered by the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or other goods whose sale, export or transfer are protected by law. Artefacts. Cave formation (stalactites and stalagmites).|
|Pyrotechnic devices and hazardous substances||Pyrotechnic articles and related products in markets in which their delivery is regulated, as well as substances such as gasoline and propane.|
|Traffic devices||Radar devices, license plate covers, illegal changes of traffic devices and related products.|
|Arms||Firearms, munitions, and other objects, including but not limited to guns, camouflage, and undetectable knives, martial arts weapons, silencers, munitions and arms magazines.|
|Currencies||Foreign exchange or currencies secured against precious metals.|
|Primary and secondary schools and use by minors||ZITICITY reserves the right to refuse orders from minors. It also reserves the right to refuse orders from locations close to primary and secondary schools.|
|Improper use of the platform and abuse||We will not tolerate the use of abusive language or behavior toward our company or independent workers.|
12. User obligations
Users are fully liable for access to and the correct use of their profile and other Platform content, subject to current legislation, either international, as well as principles of good faith, ethics, customs and public order. Specifically, the user hereby agrees to observe these General Conditions of Use.
Users should refrain from using their profile and other Platform content for illicit ends or for purposes which damage the rights and interests of third parties, or which may cause damage to, disable, deteriorate or otherwise have a detrimental effect on the Platform, its content, and its services. It is similarly prohibited to impede the normal use or enjoyment of the Platform by other Users.
ZITICITY disclaims editorial responsibility for, and expressly declares that it does not identify with any of the opinions that Users may post on its Platform, the consequences of which are the sole responsibility of the User making said post.
Those Users that fail to comply with these obligations shall be liable for any resulting claim for damages. Under no circumstances shall ZITICITY be held responsible for any consequence, damage or detriment arising from the illegal access or use by third parties.
In general and including but not limited to the following, Users agree to:
- Not alter or modify, either wholly or partially, the Platform, bypassing, deactivating or manipulating any function or service thereon
- Not infringe any industrial and intellectual property rights or personal data protection regulations
- Not use the Platform to slander, defame, intimidate or harass other users, or damage their image. Not access the email accounts of other Users
- Not upload computer viruses, corrupted files or any other program that may cause damage or alteration to ZITICITY or third-party content and systems
- Not send out mass emails to large numbers of people, nor pass on email addresses to third parties without consent
- Not advertise goods or services without the prior consent of ZITICITY
A User may report another User where he or she deems that the General Conditions of Use are being violated. All Users may also inform ZITICITY of any abuse or infringement of these conditions, via email to . ZITICITY will check this report as soon as possible and adopt the measures it deems appropriate, reserving the right to withdraw and/or suspend any Platform User for the breach of these General Conditions of Use. ZITICITY also reserves the right to delete and/or suspend any message with illegal or offensive content, without needing to give a prior warning or any subsequent notification.
13. Cancellation of User's registration
The User may cancel their registration by sending an email to this effect to firstname.lastname@example.org.
14. ZITICITY’s responsibility
The User is responsible for having the services and equipment needed to use the internet and access the Platform. In the event of any incident or difficulty when accessing the Platform, the User should notify ZITICITY by email to , who will analyze the incident and advise the User on how best to solve the problem as quickly as possible.
ZITICITY does not control, nor is it liable for the content that Users post on the Platform, with these persons having sole responsibility for the legal appropriateness of said content.
ZITICITY shall not be liable for any interruption to service, connection errors, service unavailability or deficiency in terms of internet access, nor for any interruptions to the internet network or for any other reason beyond its control.
ZITICITY shall not be held responsible for any security errors which may arise, nor for any damage to the User's computer systems (hardware or software) or to files and documents stored therein, as a consequence of:
- The presence of a virus on the computer system or mobile device that the User utilizes in order to connect to Platform services and content
- Browser malfunction
- The use of versions thereof that have not been duly updated
15. Responsibility for content
ZITICITY is under no obligation to control or not control the usage that the User makes of the Platform. Subsequently, it cannot guarantee that Users utilize Platform pursuant to these General Conditions of Use, nor that said usage is diligent and/or prudent. Similarly, ZITICITY is under no obligation to verify or not verify the identity of the User, nor the veracity, applicability, comprehensiveness and/or authenticity of the information that they provide.
ZITICITY declines all responsibility for damages of any kind due to the illicit use of the Platform by Users or any use which may be the result of a lack veracity, applicability, comprehensiveness and/or authenticity of the information that Users give to other Users regarding themselves and, in particular, although not exclusively, for any damages which may result from the impersonation of a third party by a User in any kind of communication made through the Platform.
Notwithstanding the foregoing, ZITICITY reserves the right to totally or partially limit access to the Platform to certain Users, as well as to cancel, suspend, block or eliminate certain content, through the use of technological device designed for this purpose, if it is aware that the activity or stored information is illicit or infringes upon the rights of third parties. To this end, ZITICITY may establish the filters required to prevent illicit or harmful content being uploaded onto the network. The provision by Users of content through the Platform shall represent an assignment to ZITICITY of all rights of exploitation of the content made available on the Platform.
16. Updating and modification of the Platform
ZITICITY also reserves the right at any time and without giving prior notice to update, modify or delete the information contained on its Platform in terms of its set-up, presentation and conditions of access, without assuming any liability as a result. ZITICITY does not guarantee that there will be no interruptions or errors in access to the Platform and its content, nor that it be permanently updated. Nonetheless, ZITICITY shall do all that is necessary to rectify errors, re-establish communication and update content, on the condition that there are no reasons that make this impossible or difficult to execute, as soon as notification of the error, disconnection or the need for content update is given.
17. Intellectual property
ZITICITY is the owner or license holder of all intellectual and industrial property rights included in the Platform, as well as the content accessible thereon. The Platform's intellectual property rights, as well as all text, images, graphic design, browser structure, information, and content, belong to ZITICITY. This party shall have the exclusive right to exploit these rights in any way, especially, the rights of reproduction, distribution, public communication and transformation, pursuant to Lithuanian intellectual and industrial property law.
The authorisation given by the User for access to the Platform does not imply a total or partial waiver, transfer, licence or assignment of intellectual and industrial property rights by ZITICITY. ZITICITY Platform content may not be deleted, bypassed or manipulated in any form. It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second and subsequent publications, upload files, email, transfer, use, treat or distribute in any way all or part of the content included on the ZITICITY Platform for public or commercial purposes without ZITCITY’s, the owner of the corresponding rights.
The User who shares any type of content via the Platform declares that they have the necessary rights to do so, with ZITICITY waiving any liability regarding the content or legality of the information offered. The provision of content by Users via the Platform represents the assignment of the right to exploit intellectual and industrial property derived from said content to ZITICITY, free of charge and to the maximum extent permissible by law.
17.1 Independence of the Clauses
If any clause comprising these General Conditions is deemed null and void, it shall not be considered effective. Such a declaration of invalidity shall have no bearing on the rest of the Contract, which will continue to be applicable to and binding on the Parties thereto.
18. Applicable Law
The relationship between ZITICITY and the User shall be governed by and construed in accordance with the General Conditions, with the interpretation, validity and execution thereof pursuant to Lithuania law. Any dispute arising out of or in relation to these Conditions of Use shall be subject to the jurisdiction of the Courts of law of Lithuania, except if the User requests it to be subject to the Courts of law of his/her place of residence.
19. Out-of-court dispute resolution
Pursuant to that established in Article 14 of EU Regulation 524/2013, ZITICITY informs all concerned that the European Commission has established a platform for the out-of-court resolution disputes regarding contractual obligations arising from sales contracts and the provision of services between consumers residing in the European Union and traders also operating therein. The Customer may access this platform through the following link: http://ec.europa.eu/consumers/odr/.