Please read the Terms and Conditions set out below before ordering or purchasing any items from this Site. By ordering or purchasing any items from this Site or thru Scappery mobile applications, you agree to be bound by these Terms and Conditions.
If you do not agree with the Terms and Conditions of Scappery, please do not use or access the Site. Your access or use of the Site implies your acceptance of the Terms and Conditions set forth herein. Scappery reserves the right to amend, change, add or modify the Terms and Conditions without prior notice to you.
I. About Scappery
- Scappery Technologies, Inc. (hereinafter referred to as “Scappery”) is a corporation organized and existing under the laws of the HK of Jordan, with address at Mohammad Fayyad Assaf St. Ammam, Jordan.
- Scappery is an online delivery service that enables consumers to purchase items from nearby merchants and have these items delivered to their doorstep.
- Scappery services shall include receiving through its Site and through its mobile application purchases or orders for delivery from the Merchant’s customers and promptly dispatching a Scappery Runner or Personal Shopper to the Merchant to pick up and pay for the purchased items for delivery to you.
- Scappery acts as intermediary/facilitator and is not and cannot be a party to or control in any manner any purchase or sale transaction between you and the Merchant in the sale of its items. The items featured on the Site are being offered, provided and sold by the merchant members, not by Scappery.
- Scappery is in no way responsible for the quality of the items offered by the Merchants. All questions regarding Merchants’ products or items featured on the Site should be directed to the appropriate Merchant.
- Any contract for purchase of items from this Site is between you and the Merchant while the delivery of items is between you and Scappery. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit and that you have sufficient funds to make the payment.
- Items and goods purchased from this Site are intended for your use and you warrant that any items or goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when availing of Scappery Services.
- Please note that some of featured items or goods on the Site may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
- When ordering from this Site you may be required to provide an e-mail address and password. You must ensure that you keep the details of your e-mail and password secure.
- Scappery will take reasonable care to keep the details of your order and facilitate safe payment schemes. Scappery cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
- Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Merchants. When you place your order online, Scappery will send you an e-mail to confirm that Scappery has received it. The automatic confirmation is an acknowledgment of Scappery receipt of your order, which will be processed for ordering with the Merchants. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either Scappery or the Merchant will be able to fill your order.
- If the ordered items or goods are available, the Merchant will accept the order placement and confirm it to Scappery. Once the details of the order are verified, you will receive an Email with your Order Invoice Summary, which will serve as order placement confirmation.
- The confirmation message will contain a list of the items or goods ordered with the total price and the estimated delivery time of arrival to your designated place.
- If the items or goods ordered are not available or if Scappery is unable to render the delivery service, Scappery will let you know by sending you a text message (SMS) or giving you a phone call.
IV. Prices and Availability of Items
- The information contained on the Site regarding prices, specifications, and availability of the items/products listed on the Site are provided by Merchants. Prices are inclusive of the relevant sales tax.
- Scappery reserves the right to modify the items available for sale on the Site or stop listing items of Merchants.
- Upon advice of Merchants, the prices charged and posted on the Site are generally the same as the prices charged in their brick-and-mortar stores at the time an order for items is delivered or available for pickup.
- Prices, specifications and availability of products and/or items may differ and are subject to changes, especially when you select a delivery or pickup date that is different from the date on which you place your order.
- Scappery observes best efforts to ensure accuracy in posting pricing information, without giving full guarantee that discrepancies will not occur. While Scappery exercises diligence to confirm the accuracy of the price information contained on the Site, it shall not be liable for any mistake or price inconsistency. Should you become aware that the Site contains inaccurate information, please let us know by contacting us.
- Any transaction for the purchase of items or goods from this Site is between you and the Merchant. You agree to exercise due care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit and that you have sufficient funds to make the payment.
- The total price for items or goods, including delivery charges and other charges, will be displayed on the Site when you place your order. Full payment must be made for all items or goods dispatched either in cash or thru the use of credit payment facility transaction. If you choose Cash on Delivery (“COD”), Scappery shall pick up and deliver the purchased items to you and collect the money for the order upon delivery; or If you choose to pay via credit card, Scappery shall accept the credit card payment through its payment facility, then in turn purchase the selected items from the Merchant and deliver the items to you.
- Estimated delivery time made in the course of ordering items or goods is a mere approximation which may still vary depending on the flow of road traffic. Items or goods will be delivered to the address designated by you at the time of placing your orders, all Merchant Orginal Reciepts will be delivered to you (the customer).
- In case items are not delivered within the estimated delivery time set by us, you may contact us by telephone or e-mail. Scappery engages itself to ensure that you receive your order in a timely manner.
- If you fail to accept delivery of items or goods despite timely delivery by Scappery, or Scappery was unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such items or goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such items or goods shall be borne by you. Any storage, insurance and other costs, which Scappery incurs as a result of your refusal to accept items or goods without valid and reasonable cause, shall be your responsibility and you shall indemnify Scappery in full for such cost.
- Scappery shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery when the cause of being late is solely attributable to your fault and negligence. This includes but is not limited to your failure in giving proper instructions and directions, or failure to assign a person to receive the items or goods when you cannot personally receive them when delivered.
VII. Return and Refund Policy
- Returns and Refund are allowed through Merchant stores, subject to it's return policies, as all Merchant Orginal Reciepts will be delivered to you (the customer).
- In case of a late delivery, the delivery charge will neither be voided nor refunded by Scappery.
- No returns or refunds are permitted through Scappery after the items or goods have been accepted by you or your representative when delivered.
- Only non-perishable items or goods may be returned to the Merchant, subject to its return policies.
- Scappery may cancel a transaction if the product is not available for any reason. You will be notified of this circumstance and any payment already made will be refunded to you.
- Scappery reserves the right to cancel any order(s) due to the following:
- When there is reasonable ground to believe that a customer has undertaken a fraudulent or suspicious transaction;
- When a customer has undertaken a transaction which is not in accordance with the provisions of these Terms and Conditions; or
- When Scappery cannot perform the delivery service for any reasons outside its control, which include but are not limited to related logistical difficulties, force majeure and other unforeseen events.
- Scappery reserves the right to deny access to non-compliant users or and/or cancel their orders already placed at any time, with due notice.
IX. Representations and Warranties
- Scappery does not make any representation or warranties in respect of the availability of the items or goods on the Site nor does Scappery expressly or impliedly support or endorse the sale or purchase of any items or goods on the Site. Scappery accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- Scappery exercises best efforts to display available items or goods, including accurate appearance in terms of color, size, shape and description. However, Scappery shall not be liable for any inconsistency with appearance or inaccuracy with claim of color, which involves trademark ownership.
- You acknowledge and agree that Scappery shall act as your agent for retrieval and delivery of items or goods purchased on the Site, and that Scappery has no relationship with you other than to provide such retrieval and delivery service. At no time shall the Scappery have any right, title or interest to such items or goods. Scappery does not have any control over the quality, failure to provide or any other aspect whatsoever of the items or goods and is not responsible for damages or delays as a result of products which are out of stock, unavailable or back ordered.
- You are entitled to request a copy of the personal information Scappery holds on you. Please contact us if you wish to request this information.
XI. Limitation of Liability
- Scappery exercises diligence in keeping all information on the Site accurate. Scappery cannot warrant that use of the Site will be error free or fit for all purposes, or the Site or the server that makes it available are free of viruses or bugs but ensures maintenance of the Site for its continuous functionality.
- Scappery disclaims any and all liability to you for the delivery of items or goods of Merchant members to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If Scappery is found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant items or goods. Scappery cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising.
- Scappery does not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system due to usage of the Site.
- Scappery shall not be held liable for any failure or delay in performing services or delivering goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unforeseen events caused directly and exclusively by force majeure that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
- If Scappery has agreed to provide identical or similar orders to more than one customers and is prevented from fully meeting its obligations to you by reason of an event of force majeure, Scappery may decide at its sole discretion which orders Scappery will fill and determine its extent.
- The items or goods sold by Scappery are provided for local domestic and consumer use only. Accordingly, Scappery does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any items or goods delivered by Scappery.
- Scappery observes diligence to prevent Internet fraud and secures any data collected from you. Scappery cannot be held liable in the event of a breach in security computer servers or those of third parties.
- Scappery reserves the right to block or refuse future service/s to any customer/s or online shopper/s when there is reasonable belief that an abuse of vouchers and/or discount codes is committed or when the transaction involves fraud or attempt to commit fraud. Additionally, should an abuse of vouchers or discount codes be committed, Scappery reserves the right to seek compensation from any and all violators.
- Offers are subject to Scappery full discretion and may be withdrawn at any time without notice.
XII. Miscellaneous Provisions
- These Terms and Conditions and this User Agreement shall be governed by and construed in accordance with the laws of the HK of Jordan. The parties hereto submit to the exclusive jurisdiction of the courts of Amman, Jordan.
- This User Agreement is effective unless and until terminated by either you or Scappery. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Site. Scappery may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny your access to the Site.
- Such termination will be without any liability to Scappery. Scappery right to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for items or goods already ordered from the Site or affect any liability that may have arisen under the User Agreement prior to the date of termination.
- Scappery may subcontract any part or parts of the Services it provides to you at any time. Scappery may assign or novate any part or parts of its rights under these Terms and Conditions without your consent.
- Scappery may alter or vary the Terms and Conditions at any time without giving notice to you.
- Payment must be made either at the time of ordering the items or goods from us by credit card or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.
- Initiating any automated system or program in connection with our Site or its online ordering functionality is not allowed.
- Collecting any personally identifiable information from the Site, including the use of communication systems provided by the Site for any commercial solicitation purposes are not allowed. Distribution or publication of vouchers or codes, solicitation for any reason whatsoever to any users of the Site, and hacking or scraping the Site, are prohibited acts which will be dealt accordingly.
- If any of the Term and Conditions shall be deemed invalid, illegal or unenforceable, such term or condition shall be deemed not written and the remainder shall continue in force without such term or condition.
- No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions and User Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
XIII. Contact Us
- For further comments, suggestions and feedback, you may send it to Scappery e-mail at: [email protected]