“Merchant" means a restaurant or other outlet that has entered into an agreement with Domzis and offers its products and/or services and delivery services, if applicable, through the Domzis Platform.
“Purchase Agreement" means the agreement for the purchase and sale of the Merchant's products and/or services and the enabled delivery services, if applicable, indicated on the Order. In relation to Orders created through the Domzis application through any payment method by the User, the Purchase Agreement is a binding contract between the Merchant and the User.
• Domzis d.o.o. Valjevo, Karađorđeva 120, 14000 Valjevo, Republic of Serbia, if the User is from the Republic of Serbia.
“Domzis Application" means the digital application named Domzis provided by Domzis for natural persons, for ordering products from the Merchant.
“Domzis platform" means the Domzis application and the Domzis online web access and the Domzis website domzis.net as well as other additional locations as listed on domzis.net.
“User" or “You" means the natural person using the Domzis application.
“Products" means groceries, consumer goods, household goods and other consumer goods and services, which the Merchant makes available through the Domzis platform.
The identification of Domzis “IPG" or Internet Payment Gateway is a service provided by the provider (service provider) of the electronic business application and serves to authorize payments at online stores and other electronic business operations.
• Domzis d.o.o. Valjevo, Karađorđeva 120, 14000 Valjevo, Republic of Serbia, ID number 21725897, PIB 112719273.
· Name: “Domzis",
· Email: email@example.com
· Telephone: +381 60 622 11 48
*Please note that, while services within the Domzis application are provided to you in accordance with the law by Domzis, payment services are contracted by Domzis and provided by a payment service as a third party. This also means that Domzis is responsible for any potential refunds, claims or other claims related to your transactions in the Domzis App. You can contact Domzis directly at the above contacts in case of any disputes or requests regarding the Domzis application.
Data on the Merchant's identity, products and services will be provided through the Domzis application and the Domzis website.
3. Description of the Domzis application
3.1. Domzis provides a platform where the User can order products and/or services offered by the Merchant. The merchant can offer products and/or services exclusively in his sales facility or in a sales facility with the Delivery option or in a sales facility with the Reservation option.
3.2. Merchants provide information about their products and services through the Domzis platform, including information about menus and prices of products and services. Information about the delivery fee that applies in each specific case is also displayed through the Domzis platform.
The sale and purchase of the Merchant's products and services may be subject to the Merchant's additional terms of business, which in that case will be displayed through the Domzis platform.
The price of products and services is determined based on the price on the day the Order is created.
The merchant is responsible for providing all information about products and services as required by applicable laws and regulations, including EU Regulation no. 1169/2011 on informing consumers about food, as well as the Serbian Rulebook on declaring, labeling and advertising food and other applicable national regulations. If you have allergies or other restrictions in the use of products and/or services, please contact the appropriate Merchant.
The merchant determines at his own discretion the selection and prices of products and services available through the Domzis platform. The Merchant may also impose certain limits on your Order, such as quantity limits and Order size limits. The Partner is responsible for informing You of any restrictions relating to the availability of any product or service. The User accepts that, in the event that a product is temporarily unavailable, the Merchant will fulfill your Order without including that product as an item in the Order. Products that are not available at the time of placing the Order will not be charged.
When selecting the products and services of the Merchant that the User wishes to purchase, the User makes a binding order for the purchase of the Merchant's products and services according to the terms of business indicated to the User in the Domzis application, before creating the order (“Order“). Upon acceptance of the order by the Merchant, the Purchase Agreement between the Merchant and the User is automatically concluded. The Merchant issues the User an invoice for the created order at the moment it is concluded.
3.3. The trader, chosen by the User, will prepare the products specified in the Order for the User. Domzis is not responsible to the User for the valid execution of the Purchase Agreement by the Merchant, nor for the valid execution of the Delivery and Reservation services by the Merchant, which were ordered by the User.
3.4. Once the User has placed an Order, he may cancel it only until the Order has been confirmed by the Merchant, whether it is for products or services that are sold to the User on-site at the Merchant's sales facility or via Delivery. In the case of using the Reservation service through the Domzis application, it is possible to cancel it. The User should bear in mind that multiple cancellations of Reservations may lead to negative evaluations by the Merchant. A user with 5 or more negative ratings will be excluded from the Reservation option for a period of 6 (six) months.
3.5. Regardless of Article 3.4. as a consumer, you have the legal right to cancel your Product Order within 14 days from the date of receipt of such products. You may cancel such an Order by contacting the Merchant within the aforementioned cancellation period and returning the products to the Merchant's point of sale from which you requested the Order. Please present the receipt issued by the Merchant when returning the product. Please note that the Merchant may have special terms or guarantees that apply in addition to these terms. The Merchant specifically provides information about such conditions to the User through the Domzis platform.
Domzis follows the legal restrictions on the consumer's right to withdraw as provided by applicable laws. Certain goods may be exempted by law from the consumer's right of withdrawal and return, including the following:
• Food and products that, by their nature, cannot be resold or perish or age quickly
• Products that by their nature become inseparable from other products upon receipt
• Games, movies, software and other sealed products cannot be canceled after opening the packaging of such product
• Hygiene and intimate products after opening the package
• Goods that are manufactured or custom-made in accordance with the User's specifications and instructions
4. User account
4.1. The User has a limited, non-exclusive, non-transferable and non-sublicensable right to use the Domzis Application in the form we offer it exclusively for the purposes set forth herein.
4.2. In order to use the Domzis application, the User must open a user account by following the instructions for registration in the Domzis application. Registration in the Domzis application is free. User data in the Domzis application is private. The User is obliged to ensure that all user account data and similar data required to access the User's user account are kept confidential and used in a secure manner, which is not accessible to third parties. A user can have only one user account. The user can access the Domzis application even without registration, i.e. as a guest, but in that case he will only be able to view information about Merchants and their products, but not to order any product or service.
4.3. If there is a suspicion that an unauthorized person has learned about the data on the User's user account or has access to the User's user account, the User will immediately notify Domzis. The User is responsible for any use of the Domzis application and any action under the User's account.
4.4. If the User wants to pay the bill through the Domzis application and IPG services, he must provide valid payment card information. Domzis does not store data about the User's payment instrument, because this is done by a third-party provider of payment services used by Domzis. The User hereby agrees to pay for all purchases made using the Domzis application for which the payment option in the application via IPG services has been selected. The information about the payment card or other payment method, which the User has entered in his user account, must be regularly updated.
5.1. The User shall pay the purchase price and the delivery fee (if delivery is applicable and if the same is charged) specified in the Order using one of the offered payment methods.
5.2. Payment for products and/or services ordered through the Domzis application can be made in the following ways: directly to the Merchant in the sales facility, in cash or by payment card (if the Merchant has provided a card payment terminal) or through the Domzis application and IPG services. For all mentioned payment methods, the Merchant issues a fiscal invoice to the User.
6. Domzis points and rewards
6.1. When paying for products and/or services through the Domzis application, the user is entitled to reward Domzis points. The number of Domzis points earned by the User is calculated as 5% of the total bill for products sold and/or services provided through the Domzis platform. The User is entitled to Domzis points regardless of the selected payment method (cash, card or in the application), but only if he ordered products and/or services from the Merchant through the Domzis platform.
Domzis reward points can be used for payment in Merchant facilities only in the territory of the Republic of Serbia. Domzis reward points can only be earned for payment at Merchants' facilities on the territory of the Republic of Serbia.
Domzis reward points are not earned in the case of purchases made at Merchants belonging to the Trade category.
The user has the right to request from Domzis through the application that Domzis pay for products and/or services on his behalf in the sales facility of the selected Merchant as a reward for the achieved Domzis points. The user can use this right only if at a given moment in his account in the Domzis application he has at least 1000 Domzis points and at least 10 positive reputation points.
The value of the Reward based on collected Domzis points is recalculated as 1 Domzis point = 1 RSD.
6.2. Domzis can unilaterally determine the conditions applicable to obtaining, using and validating Domzis points.
6.3. Domzis points cannot be exchanged for cash.
6.4. Domzis points will be canceled if Domzis discovers any misuse of Domzis points or suspects or discovers that Domzis points were acquired in an improper manner. In such cases, Domzis will charge the User the amount paid by such use of Domzis points.
7. Delivery of the Order
7.1. If the User orders delivery of the Order through the Domzis application, the Order will be delivered to the address indicated by the User when ordering in the Domzis application. Delivery services are provided by the Merchant to the User.
7.2. The delivery service is only possible for the stores of the Traders who have indicated through the Domzis platform that they provide the delivery service. Delivery service may be charged and prices for this service are determined solely by the Merchant. The merchant can also offer free delivery or free delivery with a certain minimum invoice amount that must be indicated in the Domzis application.
7.3. The user must be available to receive calls on the phone number that he has indicated in his account in the Domzis application or in the data for each individual Delivery Order. If this phone number is unavailable, the delivery may be canceled by the Merchant, and the User may be charged the full price of the Order.
7.4. The merchant reserves the right to choose the method of receiving confirmation from the User about the completed Delivery. The confirmation may refer to the User signing the Merchant form, scanning the QR code using the Domzis application by the User or entering the unique four-digit PIN code of the Order by the Deliverer, which the User communicates to him during the Delivery.
7.5. Domzis is in no way responsible for the correctness and validity of the Order delivered to the User, the delivery time or the price charged by the Merchant for the delivery service. For all complaints related to delivered Orders, the User addresses the Merchant directly at the contacts specified in the Domzis application.
8. Picking up the Order at the Merchant's point of sale
8.1. The User can choose the option to pick up the product from the Order at the Merchant's point of sale, if the Merchant has indicated through the Domzis platform that it does this type of product delivery. The user will receive information through the Domzis application when the products are ready for collection at the address indicated by the Merchant. If the Merchant provides the option of picking up the Order at more than one of its sales points, the User, when creating the Order, must choose at which of the offered points of sale he wants to pick up the Order.
8.2. The merchant will keep the ordered products for 60 minutes after the time he set for collection and about which he informed the User. However, this duty is limited by the business hours of the Merchant's point of sale, and the Order must be collected before the end of the Merchant's business hours.
9. Reservations of products and services
9.1. The User can choose the option to reserve products for later pickup at the Merchant's sales facility, to reserve a table in a catering facility or to book an appointment for service at the Merchant's sales facility, if the Merchant has indicated through the Domzis platform that it is possible to make Reservations.
9.2. The user will receive a notification about the status of the reservation through the Domzis application. The Merchant reserves the right to refuse the Reservation if the User has more than 5 negative ratings or if the Merchant is unable to provide the service or pick up the product in the time requested by the User.
9.3. If the Merchant does not sell the product and/or provide the service in the manner defined by the Reservation, he is obliged to inform the user of the reasons and in no case must he damage the reputation of the Domzis platform by transferring responsibility.
9.4. The merchant can charge for Reservations, but he is obliged to publish this unambiguously on the Domzis platform.
9.5. If the User reserved products and/or services, but did not download/use them as foreseen by the Reservation, the Merchant is obliged to give the User a negative rating through the Domzis platform, thereby affecting the user's reputation within the Domzis platform. In this way, all Traders and Users within the platform are protected from malicious actions.
9.6. The executor disclaims responsibility in the event that the User reserved the product, but did not use the reservation (did not pick up and pay for the product, did not show up at the agreed time for the provision of the service and did not pay for it, etc.) and will not bear material costs on behalf of unused reservations from by the User.
10. Evaluation within the Domzis platform
10.1. Merchants have the right to evaluate Users within the Domzis platform only if the User placed an Order through the Domzis application. If the Order is paid by the User using any payment method (cash, card or through the Domzis application and IPG services), the User will receive an automatic positive rating from the Merchant. The Merchant reserves the right to give the User a negative rating in the event that the Order was not paid on time, that the User did not receive and pay for the Order that is part of the Delivery, or that he did not use and pay for the goods and/or services ordered through the Reservation.
10.2. Users have the right to evaluate Merchants, but also each individual product and/or service only if the Order was made through the Domzis application by the User. After each completed Order (which implies that the Order has been paid), the User may, but does not have to, rate individual items from the Order and especially the Merchant as a whole. The ratings that the User assigns to products, services and Traders are in the range from 1 to 5 and based on them the average ratings of products, services and Traders that are available to all participants in the system are calculated.
10.3. The Merchant has the right to ask the Domzis platform administrator to remove or correct the negative rating received from the User if he believes that the User has not realistically and conscientiously rated the product, service or the Merchant as a whole. Domzis reserves the right to remove or modify the negative rating assigned to the Merchant if it considers that the request is justified.
10.4. Domzis reserves the right to sanction the User by deducting reward Domzis points in the amount of 100 Domzis Points if it judges that the User maliciously and without justified reasons assigned a negative rating to the Merchant and thus affected the Merchant's Reputation within the Domzis platform.
10.5. Domzis reserves the right to remove or modify the negative rating assigned to the User by the Merchant (if the User has requested that the rating be removed or modified) if it considers that the request is justified.
11. Intellectual property rights
11.1. All Intellectual Property Rights in or related to the Domzis platform as well as all related documentation and all parts and copies thereof shall remain exclusively entrusted to Domzis and shall be the sole and exclusive property of Domzis and/or its subcontractors. “Intellectual Property Rights" means copyright and related rights (including database, catalog and photographic rights), patents, user models, design rights, trademarks, title, trade secrets, know-how and any other form of registered or unregistered rights intellectual property.
12. Additional provisions on the use of the Domzis application
12.1. The User shall comply with all applicable rules and regulations when using the Domzis application, which includes the purchase of alcohol and tobacco products to the extent that delivery of alcohol is available in the country in which the User is located. The User may be refused delivery of alcoholic beverages and tobacco products in the event that he is unable to provide a valid photo ID when submitting the Order. The User may be denied the delivery of alcoholic beverages in other cases provided for by the laws of the User's country (eg if the User shows signs of intoxication).
12.2. Domzis is constantly developing the Domzis platform and reserves the right to change or remove various parts of the Domzis application, including content, products and availability of the Merchant in the Domzis application, in part or in whole.
12.3. By using the Domzis application, the User may come across content or information that may be inaccurate, incomplete, outdated, misleading, illegal, offensive or otherwise harmful. Domzis generally does not review content posted by Merchants. Domzis is not responsible for the content and data of third parties (including Merchants), nor for any damage caused as a result of using and relying on them.
12.4. The user shall not: (i) use or attempt to use another's Domzis user account and/or access another's personal payment data in the Domzis application or use another's card for payment when using the Domzis application, without the consent of that person, (ii) duplicate, change, or create derivative works of the Domzis Application or any related technology, (iii) reverse engineer, reverse engineer, disassemble, decode or otherwise attempt to discover the source code of the Domzis Application or any related technology or any part thereof, (iv) remove any copyright, trademark or other proprietary notices contained in the Domzis Application; (v) remove, obscure or obscure any advertising included in the Domzis Application, (vi) collect, use, reproduce or share data obtained by the Domzis Application without the consent of Domzis, (vii) use robotic or other automated methods to use the Domzis Application ; or (viii) create a Domzis account using a false identity or the identity of another person; (ix) access the Domzis platform, except through Domzis interfaces such as the Domzis App and the Domzis website.
12.6. The user must comply with the applicable terms of third-party contracts when using the Domzis application.
13. Duration and Termination
13.2. The user can stop using the Domzis application at any time, provided that he has paid all the invoices due at that time. Domzis may stop providing Domzis services temporarily or permanently at any time.
14.1. Please keep in mind that the Domzis service provided through the Domzis platform may be interrupted or permanently suspended at any time. Domzis service may be temporarily stopped. Do not use the Domzis application to make a copy of any data. Although Domzis makes every effort to provide timely and error-free use of the platform and services (including new and/or temporary services), Domzis makes no guarantees regarding the reliability, timeliness, quality or suitability of the Domzis service or any goods or services provided through the platform . Domzis disclaims all representations and warranties not expressly stated in these terms.
14.2. The Merchant is obliged to prepare the Order in accordance with the content ordered by the User and in the time shown in the Domzis application, if applicable. If there are any defects in the Order (or the delivery of the Order), the User can notify the Merchant directly at the contact numbers or e-mail addresses listed in the Domzis application.
14.3. The merchant is solely responsible for any deficiencies in the ingredients and preparation of the Order or other deficiencies in the execution of the Purchase Agreement.
14.4. The User who has discovered deficiencies in the execution of the Purchase Agreement must submit all complaints to the Merchant without delay, with clear descriptions of said deficiencies.
14.5. Domzis excludes all liability for loss or damage that You or any third party may suffer in connection with the Domzis application, unless caused by Domzis’ intent or gross negligence or any other liability that cannot be excluded or limited under applicable law.
14.6. Apple has no obligation to provide any maintenance and support services in connection with the Domzis application. To the extent any maintenance or support is required by applicable law, we, not Apple, will be obligated to provide any maintenance or support. To the extent there is any statutory warranty that cannot be disclaimed, we, not Apple, are solely responsible for such warranty. We, not Apple, are responsible for handling any claims of the User or any third party relating to the iOS Domzis App or the User’s ownership and/or use of the iOS Domzis App, including but not limited to: (i) liability for product; (ii) any claim that the iOS Domzis App does not meet any applicable legal or regulatory requirement.
15. Governing Law and Dispute Resolution
15.1. These Terms of Business are regulated and interpreted in accordance with the laws of the Republic of Serbia.
15.2. If you are a consumer, please keep in mind that you cannot be deprived of the rights guaranteed to you in accordance with the mandatory consumer protection regulations of your country or place of residence.
17.1. Domzis is authorized to assign all or some of the rights or obligations arising from this relationship in whole or in part to a related person or successor or buyer or acquirer of its business assets in connection with the Domzis platform without the prior consent of the User.
17.2. The User is not authorized to assign any rights or obligations arising from this relationship in whole or in part.