TERMS OF SERVICE

Terms of Use for the Nourish+Bloom Customer Application for accessing and making purchases in the Nourish + Bloom Market autonomous grocery store.

  1. Provider and scope of application
    1. Nourish + Bloom Market (hereinafter referred to as "N+B"), is the provider of a mobile application by the name of "Nourish+Bloom" for potential customers (hereinafter "Users") to access and make purchases in Nourish+Bloom stores, which runs on the iOS and Android operating systems (hereinafter the "App").
    2. The App is provided by N+B solely on the basis of these Terms of Use. The User may access the current version of the Terms of Use online or download or print them out at any time at https://shopbox.schwarz/tos.
    3. These Terms of Use shall cover all services that may be used via the App now or in the future.
    4. N+B reserves the right to amend and/or supplement these Terms of Use at any time, subject to giving 8 weeks' notice thereof. N+B will only make changes if it has a good reason for doing so. A good reason is deemed to exist if the change is necessary to eliminate not insubstantial difficulties associated with executing the agreement as a result of terms found to have been omitted at the time of contracting, particularly as a result of new technological developments (improving and upgrading existing functions, aligning with the latest technology to preserve the functionality and security of the service) or changes in judicial opinion as expressed in court decisions or legislative changes. In the event of amendments or supplements, N+B will send Users an e-mail to the e-mail address provided upon registration attaching the amended version of the Terms of Use and clearly indicating the changes. If the User fails to object to the amended or supplemented Terms of Use within 8 weeks of receiving them and continues to use the App after the period for lodging objections has expired, the amendments shall be deemed agreed as of expiration of the objection period. If the User objects to the amendments, the agreement will be continued on the previous terms. In its e-mail giving notice of the changes, N+B will advise Users of their right to object, how they can do so and the consequences of failing to object. N+B will not use the above procedure to make amendments that are not reasonable for Users, particularly if the amendments alter the contractual balance between that which is offered and the consideration provided to the detriment of Users. Users who do not wish to use the service subject to the amended or supplemented Terms of Use may terminate their use of the service up until the expiration of the period for lodging objections.
  2. Subject matter
    1. This Agreement shall govern the provision of the App, as updated from time to time, as well as permission to access and make purchases in the Nourish+Bloom store using the App.
    2. The App can be downloaded to any mobile device (smartphone) from an app store.
    3. Please see the description of the App in the app store for the App's technical requirements (e.g., supported operating systems and mobile devices).
    4. The mobile device needs a data connection in order to use certain functions of the App. In order to avoid unnecessary connection charges, it is recommended that Users only use the App if they are connected to a Wi-Fi network or pay a flat rate for data.
  3. Availability
    1. N+B shall operate the App and ensure that it is accessible with an average annual availability of 98% ("Availability Rate"). The first relevant period for the Availability Rate shall begin at the time of contracting and end upon expiration of the calendar month in which the contract was entered into. Subsequent relevant periods for the Availability Rate shall begin on the first day of each calendar month and end upon expiration of the calendar month in which the respective subsequent relevant period began.
    2. Periods during which the User is unable to access the App due to required maintenance and servicing, as well as malfunctions outside N+B's sphere of control, such as, in particular, events of force majeure, shall not be factored in when calculating the Availability Rate.
    3. As far as possible, N+B shall notify the User in text form of any scheduled maintenance and servicing in due time. However, N+B expressly reserves the right to also carry out unannounced maintenance or servicing if necessary, particularly where this is required for data and operational security.
  4. Registration
    1. Users must register before they can use the App. Registration can be done through the App once it has been downloaded. The App may only be used for private household purposes and is not allowed to be used for commercial purposes.
    2. To register, Users must enter their details which includes First Name, Last Name, Email ID, Mobile Number and a Password to access the application. Users will be authenticated by One Time Password(OTP) during the registration process. The User's personal data will be treated by the N+B App in accordance with the applicable data protection provisions and privacy policy.
    3. To register, Users must select the payment method and N+B processes these direct debits in cooperation with WorldNet payment gateway. During the registration process, Users will therefore be redirected to WorldNet's website, where they will be prompted to enter their e-mail address as well as their payment data (name, account number, date of birth, address, direct debit authorization). Once registration with WorldNet is complete, Users can access the full functionalities of the Nourish+Bloom App. WorldNet's standard terms and conditions shall apply. Users will be advised of this upon completing registration with WorldNet. The User's personal data will be treated by WorldNet in accordance with the applicable data protection provisions and in accordance with the provisions set out in WorldNet's privacy policy. Use of direct debiting will be contingent on a positive credit check by WorldNet at the time of registration. The App will not be able to be used without such positive credit check.
    4. By registering via the App and thereby transmitting their registration data to N+B, the User offers to enter into a license agreement. The User is obligated to provide true, accurate, current and complete information in accordance with the requirements of the registration form provided. N+B has the right to check the identity of the User and refuse to accept the offer without giving reasons. After registering and creating a password, the User will receive an e-mail confirming registration. Opening the activation link contained in that e-mail will complete the registration process. Sending that e-mail constitutes an acceptance of the offer to enter into a license agreement. These Terms of Use will be sent to the User in text form in the e-mail and also be stored by N+B.
  5. Login details and passwords
    1. Users must keep their e-mail address & mobile number up to date.
    2. Users must keep their password secret and notify N+B in writing without undue delay or by e-mail if unauthorized third parties gain access to the User's password. Users are responsible for all action taken by third parties with their password to the extent that they are at fault for the third party obtaining their password.
    3. Users must notify N+B without undue delay of any misuse of their password or any security risks posed by the User or third parties of which they become aware.
  6. Grant of rights
    1. For the term of this agreement, the User shall be granted a non-exclusive, non-transferable and non-sublicensable right to use the App solely for purposes of its intended use in accordance with these Terms of Use. The User may not alter, adapt, translate, or in any way edit the App or integrate it with any other software. The User shall also be prohibited from copying, distributing or otherwise providing the App to third parties (including leasing). The provisions of section 69d and 69e of the German Copyright Act (Urhebergesetz – UrhG)shall remain unaffected.
    2. To the extent that no special terms of use apply, the provisions of clause 6.1 shall apply mutatis mutandisto further improvements to the App in the form of upgrades and updates as well as other add-on functionalities made available via the store where the App was initially purchased (Apple Store, Google Play).
  7. Accessing the Nourish+Bloom store
    1. To access the Nourish+Bloom store, the App will generate a QR code, which is scanned by the scanner at the entrance to the Nourish+Bloom  store.
    2. Users are permitted to grant access to the Nourish+Bloom store to other persons ("Guests") using the QR code. Guests are required to enter the Nourish+Bloom store before the User does.
    3. Before entering the sales floor, each person enters the turnstile where they will be detected as a single individual by sensors. Once the sensors have confirmed that only a single individual is in the turnstile, the inner door of the turnstile will open to allow the person inside to enter the sales floor. Users may bring Guests into the Nourish+Bloom store, but Guests are not authorized to make purchases themselves; purchases may only be made by the User on a Guest's behalf. Any merchandise the Guests take from the shelves will be assigned to the User's shopping cart.
  8. Purchase and payment
    1. The provision of priced merchandise on the shelves in the Nourish+Bloom  store constitutes an offer by N+B to enter into a purchase agreement at the stated prices. When the User removes merchandise from the shelf, this will automatically be recorded in the App's virtual shopping cart. In-store technology is used to identify what merchandise the User removed from the shelves and has left the Nourish+Bloom store.
    2. Users shall put any merchandise removed back on the shelf if they do not wish to purchase it.
    3. Cameras record the movements of every person on the sales floor from the moment they enter the area. At no time are the images generated in this manner viewed by any human or machine. Instead, "skeleton tracking" technology is used to translate these images directly into body movements so that they no longer allow the individual to be identified. The recorded movements on the sales floor are used in conjunction with sensors underneath the selected merchandise for the sole purpose of attributing the merchandise to the respective User. In this way, the shopping cart is updated as a preliminary step for completing the purchase.
    4. The offer shall be accepted and a purchase contract formed by the User leaving Nourish+Bloom store with the selected merchandise and passing through the dedicated exit turnstile, which triggers the payment mechanism for the merchandise in the virtual shopping cart.
    5. The customer consents to the assignment of N+B's purchase price receivables in connection with the User's purchases in the Nourish+Bloom store to a payment services provider, namely, Adyen NV, Simon Carmiggeltstraat 6-50 Amsterdam, 1011 DJ, Netherlands.
    6. Upon completion of the purchase, the User's bank account on file in the WorldNet's account will be debited in the amount of the stated price (incl. VAT) of the merchandise selected and purchased by the User.
    7. Payment in cash shall be excluded.
    8. The User will subsequently receive an invoice by e-mail to verify the purchase and can view their transactions in the App.

 

  1. Term and termination
    1. The license agreement is entered into for an indefinite term and may be terminated at any time by the User or N+B. Users can use the account management tools to delete their user account at any time and thus terminate the license agreement, or give notice of termination to N+B in text form.
    2. The parties' right to terminate for cause remains unaffected.
  2. Liability
    1. N+B's liability is unlimited for loss or damage caused intentionally or by gross negligence and for loss of life, bodily injury or injury to health.
    2. N+B shall only be liable for negligence if it breaches a material contractual obligation. For the purpose of this provision, material contractual obligations are obligations that are essential for the execution of the agreement and on the performance of which the other party may therefore ordinarily rely.
    3. Liability under clause 10.2is limited to loss or damage that was reasonably foreseeable at the time of contracting.
    4. The above limitations of liability apply mutatis mutandisfor the benefit of N+B's employees, subcontractors and agents.
    5. Any liability on the part of N+B for statements expressly designated as warranties and for claims under the German Product Liability Act (Produkthaftungsgesetz)remains unaffected.
    6. SRB's liability is otherwise excluded.
  3. Breach of the Terms of Use
    1. Users undertake to N+B to use the App solely for purposes that are not in breach of these Terms of Use or applicable law and which do not violate the rights of third parties.
    2. N+B reserves the right to block a User's access to the App if the User commits a not insignificant breach of these Terms of Use.
  4. General provisions
    1. The contract language is English.
    2. All legal dealings between Users and N+B shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided the User is habitually resident in Germany or in a country that is not a member state of the European Union. If the User's habitual abode is in another member state of the European Union, any additional mandatory laws applicable in the country in which the User habitually resides will remain unaffected.
    3. The invalidity of individual provisions of these Terms of Use shall not affect the validity of the other provisions.
    4. The European Commission provides a platform for online dispute resolution, which customers can access at http://www.ec.europa.eu/consumers/odr. N+B is not obligated nor is it prepared to participate in any disputeresolution proceedings before any consumer conciliation body.

Last updated: 09/2021