General Terms of Use for the SPAR app

All terms apply equally to all genders.

1. SCOPE

1.1. These General Terms of Use of the SPAR app (hereinafter: General Terms) regulate the terms and conditions of the use of the SPAR app (hereinafter: app) by End Users (hereinafter: User).

2. CONTRACTING PARTIES, DURATION, FREE USE

2.1. The provider of the app and the contractual partner of the User in terms of SPAR app’s use is the company SPAR Hrvatska d.o.o., Slavonska avenija 50, 10 000 Zagreb, OIB: 46108893754, Tel.: 01 2410 900, Fax: 01 2410 975, E-mail: [email protected] (hereinafter: SPAR).

2.2. The contractual relationship regarding the use of the app (hereinafter: User Relationship) begins when the User downloads the app and completes the registration. The User Relationship is concluded for an indefinite period of time.

2.3. The User has the right to free use of the app in accordance with the provisions of the General Terms for the entire duration of the User Relationship.

2.4. SPAR is not obliged to store the text of these General Terms for the User, but the User is solely responsible for saving and archiving the General Terms.

3. LIMITATION OF THE RIGHT TO USE

3.1. The User has the right to use the app exclusively as a consumer (as defined by the Consumer Protection Act). Registration as a User can only be performed by adults, i.e. persons who have reached the age of 18.

3.2. In case of a violation of the provision from the previous section 3.1, SPAR is entitled to immediate termination of the User Relationship and the User cannot derive any rights from such termination.

4. USE OF THE APP

4.1. The app may be used only after the registration of the User. The User creates a personal user account within the app. To do this, the User must enter his/her e-mail address and choose a password. Only one user account can be created with a single email address.

4.2. The User will be assigned a SPAR code and a unique identification number (ID) in order to use the benefits of the app. Jokers, vouchers and other benefits of the User (such as the digital receipt) are linked to the specified identification number and are assigned to the user account to which the User is logged in. If the User changes its mobile device, all data associated with the user account remain available to the User. Access to the data in question is possible by logging in with the selected access data (selected e-mail and password). User can log in
to four mobile devices at the same time with one user account, whereby only one mobile device can be used during the purchase.

4.3. The User may choose to use the app in Croatian or English.

5. BENEFITS, NOTIFICATIONS

5.1. Within the app, the User will be enabled to use certain benefits and contents (e.g. vouchers, Jokers, etc. privileges). Also, the User is enabled to monitor the working hours of stores through the app. After each purchase, the User will have access to basic information about that purchase.

5.2. The use of these benefits and facilities is subject to special promotional conditions. Promotional Terms and Condition are available in the app for each individual promotion.

5.3. SPAR voluntarily offers benefits through the app and reserves the right to withdraw them at any time. In the event of withdrawal, the User has no right to claim the withdrawn benefits, nor is he/she entitled to any other claims against SPAR.

5.4. SPAR uses direct communication channels to inform the User about the benefits and content of the app (push notifications and other functionalities of the app for notification). For better awareness and transparency regarding benefits (Jokers, vouchers, etc.), SPAR will inform the User via the app about the benefits, the imminent expiration of the promotion, as well as about the savings achieved. If you have activated the "push notifications" option, you will also be informed via push notifications.

6. DIGITAL RECEIPT

6.1. The User has the option of having a receipt issued for purchases made in SPAR in digital form directly through the app. The digital receipt is stored in the app for a period of 24 months, counting from the purchase. Once this period expires, the digital receipt is no longer available in the app. In the event of early deletion of a user account due to inactivity (see section 7.5), digital receipts will also be deleted prematurely.

6.2. The "digital receipt" option serves to facilitate the overview of purchases and has no impact on the obligations to store receipts in accordance with tax and other legal regulations. This also applies to the storage period for the digital receipt in accordance with section 6.1 of General Terms.

7. TERMINATION OF THE USER RELATIONSHIP, DELETION OF THE USER ACCOUNT

7.1. The User has the right to opt for regular cancellation of his User Relationship at any time, without giving reasons, with immediate effect. The User cancels (terminates) the User Relationship by selecting the "Delete SPAR app" function in the app. In the event of deletion, the User irreversibly loses all data that was associated with the user account (e.g. Jokers, vouchers, etc.).

7.2. SPAR may regularly declare cancellation with a notice period of three months. Cancellation may be given by means of a notification to the User within the app.

7.3. The parties are always entitled to terminate the contract with immediate effect for important reasons. SPAR shall be entitled to such immediate termination in any case if the User (a) violates the provisions of these General Terms, and within seven days of SPAR's warning, fails to cease the violation in question and does not compensate for the damage caused by the violation, if (b) he/she uses the app for business purposes and not as a consumer, and/or if (c) he/she is not an adult individual, i.e. a natural person at least 18 years of age, and/or if (d) commits criminal acts or violates the rights of third parties by using the app.

7.4. If the User Relationship is terminated, SPAR has the right to deny the User the right to access and further use of the app. All benefits that are made available to the User through the app are lost upon termination of the User Relationship and cannot be recovered.

7.5. The user account is automatically deleted if 12 months have passed since the User's last activity (= using the app, which implies opening the app by logging in to the user account, assuming the existence of a connection to the Internet network). SPAR will notify the User via the app about the upcoming deletion of the user account, as well as via e-mail. If the User has activated push notifications, then SPAR will inform the User about the upcoming deletion of the user account. The User can prevent the automatic deletion of the user account by using the app in any way before the final deletion date.

8. CHANGES TO BENEFITS, CHANGES TO THE GENERAL TERMS

8.1. SPAR has the right to unilaterally modify the app, as well as the benefits made available within app. This modifications will be done if they are necessary for (a) alignment of the app with the provisions of these General Terms and/or the security of the app and/or enabling the use of the benefits made available through the app, and/or (b) for updating the app to enable use on the current device and/or (c) for ensuring the smooth use of the app and/or the benefits offered for all Users in accordance with applicable regulations and the rights of third parties and/or (d) for the introduction of additional functionalities that are in the interest of the User. The General Terms also apply to such changes to the app, i.e. the User's benefits.

8.2. Adjustments to the benefits within the User Relationship must be reasonable for the User and justified in terms of scope and content.

8.3. In order to achieve the objectives set out in section 8.1, SPAR has the right to amend the General Terms, respecting the restrictions set out in sections 8.1 and 8.2. SPAR shall notify the User of any such amendment two weeks before its entry into force. The User has the right to object to any such change within two weeks of receiving the notification of the change. SPAR will inform the User of their right to object in the notification and modification, as well as of the deadline for submitting the objection.

9. SCOPE OF THE SERVICE, WARRANTIES

9.1. SPAR does not guarantee any minimum error-free availability/usability of the app, nor for any permanent scope of services and content provided through the app. In particular, SPAR reserves the right to deactivate the app (subject to the notice period referred to in section 7.2).

9.2. Since the User Relationship is free of charge, any liability of SPAR in connection with the use of the app is excluded. In this regard, the User's requests, regardless of the type and basis of the request, and in particular claims based on temporary failures, restrictions on the availability of the app or errors that occur during the use of the app, will not be taken into account.

10. LIABILITY

10.1. SPAR is solely responsible for the content it has created, published and distributed through the app.

10.2. The liability of SPAR, its legal representatives, managers, employees and other assistants for violations arising from the User Relationship is limited to intent or gross negligence, with the exception of liability caused by the death or bodily injury of the consumer.

10.3. SPAR shall not be liable for damage caused to third-party computer systems and other technical devices caused by downloads or for any loss and/or delayed or otherwise inadequate receipt of data or messages, unless the damage was caused by the fault of SPAR. Even in the event of fault, SPAR is liable solely within the limits of liability set forth in this article.

11. DELIVERIES

11.1. SPAR's written communications (statements, declarations, etc.) relevant to the contractual relationship may be sent to the Users’ email address selected for their user account. SPAR's written communications sent to the Users’ specified email address (as provided in the user account profile in the app) are considered received. User must keep their relevant information up to date throughout the duration of the User Relationship.

11.2. SPAR's statements relevant to the contractual relationship may also be delivered to the User through other means (e.g., via notifications within the app). However, the presumption of receipt as described in section 11.1 does not apply in such cases.

12. TECHNICAL REQUIREMENTS, UPDATE

12.1. The User is responsible for providing a suitable device and internet connection to be able to use the app and services provided by means of the app. When installing the app for the first time, the device must have an up-to-date operating system (if the device uses the previous version of respective operating system, the date of first publication of that version must not be older than 2 years). There are no special technical safeguards.

12.2. The User is also responsible for keeping the app software up-to-date, by installing available updates.

13. CUSTOMER SERVICE AND CONTACTS

13.1. All inquiries and complaints related to the use of the app can be addressed to SPAR customer service via e-mail address: [email protected] or by phone at 08007727.

14. JURISDICTION AND APPLICABLE LAW

14.1. The jurisdiction for all disputes between SPAR and the User that may arise from and/or in connection with the User Relationship shall be determined in accordance with the legal provisions.

14.2. The General Terms and all validly concluded User Relationships are governed by Croatian law.